GAUHATI HIGH COURT ISSUES ORDER ON BHOK SING PATOR ALIAS BHOG SING LALUNG AND ANR V/S THE STATE OF ASSAM AND 4 ORS

GUWAHATI, India, May 11 -- Gauhati High Court issued the following order on April 11:

1. Heard Mr. I Haque, learned counsel for the petitioners. Also heard Mr. PN Goswami, learned Additional Advocate General of Assam and Mr. S Dutta, learned counsel for the respondent No. 2.

2. The present writ petition is filed under Article 226 of the Constitution of India challenging the action of the respondent authorities in not considering the petitioner's application under Acknowledgement No. NOC/24/37159/2022 dated 17.12.2022 for issuance of NOC for transfer of immovable property, causing inordinate delay.

3. The petitioner No. 1 is the father of the petitioner No. 2, who is an absolute sole owner of two plots of land under Dag No. 64 of Patta No. 57 and Dag No. 69 of Patta No. 58 respectively situated at village Bherakuchi under Mouza Dimoria, PS Khetri in the district of Kamrup (M), Assam. It is the case of the petitioners that the petitioner No. 1 is intending to transfer a plot of land measuring 9 Bighas 2 Kathas 17.90 Lechas to the petitioner No. 2 by way of executing a gift deed and as such the application for NOC to the Deputy Commissioner, Kamrup (M) through online mode (acknowledgement No. NOC/24/37159/2022) was filed inasmuch as the stipulated period of 30 days for obtaining such NOC had already expired. It is also the case of the petitioners that the petitioner No. 2 had approached the Lot Mandal as well as the Circle Officer several times, but failed to obtain the NOC. Accordingly, the petitioners have approached this court for a direction to the respondent authorities to issue the NOC along with to impose a cost of Rs. 50,000/- as per Section 9(1) of the Assam Right to Public Service Act, 2012 (hereinafter referred to as ARTPS Act, 2012).

4. The learned counsel for the petitioners submits that after expiry of the stipulated period of time, an appeal ought to have filed through RTPS Portal in appeal section, but the petitioner was unable to file an appeal before the appellate authority as in the appeal section of the RTPS Online Portal, the name of office 'location' i.e. the D.C. Office of the Kamrup (M) as well as the Sonapur Revenue Circle Officer were not available in the "LOCATION" column and therefore, they were not in a position to file a first appeal against non delivery of the service within stipulated timeline and having no alternative, have approached this court.

5. The respondent No. 1 has filed an affidavit affirming the stand that the Kamrup (M) District was not available at that time in the 'LOCATION' column in the Appeal Section of the Online RTPS Portal for the service mentioned by the petitioner as the official mapping for the said office was under process. The mapping is to be made in collaboration with the concerned DC Office and the clarification from ARIAS Society, Khanapara (implementing agency) in this regard. However, currently Kamrup (M)district is available for that particular service under 'LOCATION' column in Appeal Section of online RTPS Portal.

6. It is not in dispute that the application for grant of NOC was not disposed of within the period prescribed under the Act, 2012. It is interesting to note that when notice of motion was issued by this court on 26.04.2023, thereafter only the application for NOC was rejected on 05.12.2023 beyond the prescribed period of time, which shall be dealt in the later part of this judgment. It is also recorded at the very outset that Mr. Goswami, learned Additional Advocate General in his usual fairness submits that the conduct of the respondent officials are not in conformity with the scheme and object of the Act, 2012 and he has instruction to make a submission that if the petitioners file a fresh application, the petitioners' application shall be duly considered in strict conformity with the Act, 2012 and the Rules framed thereunder.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpH1PtC%2FpKZhTVksDQLfn%2BP0oTh0bZFhQMmpl%2BGfVGbj7&caseno=WP(C)/2157/2023&cCode=1&cino=GAHC010081382023&state_code=6&appFlag=)

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