Gauhati High Court
WP(C)/2897/2024 on 11 June, 2025
GAHC010108372024
2025:GAU-AS:7711
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
Case No. : WP(C)/2897/2024
Bogen Oza
Aged about 66 years.
S/O-Late-Bhogiram Oza@ Bhogmon Oza
R/O-Vill-Khamon konwar Gaon
P.O.Bahpara, P.S-Dhakuakhana
Dist-Lakhimpur (Assam)
Pin Code: 787055
Versus
1. The State of Assam,
Represented by the Secretary to the Govt. of Assam,
Revenue and Disaster Management Dispur, Guwahati-781006.
2. The District Commissioner, Lakhimpur
District, Lakhimpur, P.O &P.S-Lakhimpur
Pin Code: 787001.
3. The Sub-Divisional Officer,
Dhakuakhana Revenue Circle,
District Lakhimpur.
4. The Circle Officer, Dhakuakhana Revenue Circle,
P.O.& P.S-Dhakuakhana, Dist-Lakhimpur, Assam,
Pin Code-787055.
5. Revenue Shirestadar, North Lakhimpur,
P.O&P.S-Lakhimpur, Dist: Lakhimpur (Assam)
Pin Code: 787001
Advocates for the Petitioner : Mr. M.H. Ahmed
Page 1 of 11
Mr. N. Islam
Mr. M. Khatun
Mr. I. Amin
Advocates for the Respondents : Ms. N. Bordoloi, SC, Revenue
Mr. N. Das, GA, Assam
BEFORE
HON'BLE MR. JUSTICE KAUSHIK GOSWAMI
ORDER
11.06.2025 Heard Mr. N. Islam, learned counsel for the petitioner. Also heard Mr. N. Das, learned Government Advocate for the respondent Nos. 2, 3 & 4 and Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for respondent No. 1.
2. By way of this petition under Article 226 of the Constitution of India, the petitioner is seeking direction to be issued to the respondent authorities to make an inquiry and pass speaking order on the representation submitted by the petitioner on 13.10.2023 before the District Commissioner, Lakhimpur and 04.03.2024 to the Circle Officer, Dhakuakhana Revenue Circle in connection to the prayer of the petitioner for seeking mutation of the subject land of the petitioner.
3. The brief facts of the case is that by the order of the Sub- Divisional Magistrate (E), Dhakuakhana in the Chitha land measuring 3 Bigha 3 Kathas 13 Lechas under Dag No. 872, Periodic Kheraj Patta No. 73 situated at Village-Konwar Gaon, Mouza-Dhakuakhana, P.O- Bahpara, P.S- Dhakuakhana under Dhakuakhana Revenue Circle in the District of Lakhimpur, the land was mutated in the name of his father along with his Page 2 of 11 uncles as per the right of inheritance. However, after the death of his father on 11.05.2010, he has been in possession over the entire subject land and paying the land revenue accordingly. Thereafter, the petitioner approached the jurisdictional Circle Officer for mutating his name in the aforesaid land. Since the same was not done, a representation was submitted before the jurisdictional District Commissioner on different dates. However, till date, the prayer of the petitioner seeking mutation in respect of the subject land has not been made.
4. Mr. N. Das, learned Government Advocate for the respondent Nos. 2, 3 & 4 submits that 'mutation' is a notified service under the Assam Right to Public Services Act, 2012 (hereinafter referred to as the "Act, 2012") and therefore, the petitioner is required to submit his application for mutation as per the prescribed procedure by depositing the requisite fee.
5. The only grievance of the petitioner in the instant writ petition is that the prayer for mutation of the subject land has not been done till date.
6. The Act, 2012 has been enacted by the State to provide for delivery of notified public services to the people of the State of Assam within the stipulated time limit and for matters connected therewith and incidental thereto. Section 3 (h) defines "Right to Public Service" as right to obtain the notified service under the Act from time to time within the stipulated time period as described under Section 5. Section 3
(i) defines "notified service" as any service notified by the State Government under section 4. Section 5 of the Act, 2012 Page 3 of 11 further provides that every eligible person shall have the right to obtain the services in accordance with the Act within the time bound period as notified under section 4. It is the liability of the Government Servant to deliver services under Section 6 of the Act, 2012 within the statutory period. The statutory time limit as per Section 7 (1) start from the date when the application for obtaining a required notified service is submitted to the Designated Public Servant or to a person sub- ordinate to him authorized to receive the application. Such application shall be duly acknowledged upon receipt of the same. Section 7 (2) further provides that the Designated Public Servant on receipt of an application under sub-section (1) shall, within the stipulated time limit, provide the notified service or reject the application and in case of rejection of application, he shall record the reasons in writing and communicate to the person making the application:- (i) the reasons for such rejection; (ii) the period within which an appeal against such rejection may be preferred; and (iii) the particulars of the Appellate Authority. Section 8 of the Act, 2012 further provides for an appeal before the Appellate Authority and also for a review before the Reviewing Authority.
7. By an office memorandum bearing No. RRG 12/2012/132 dated 12.04.2013 of the Government of Assam in the Revenue and Disaster Management Department, declares "Mutation" as a notified service under Section 4 of the Act, 2012. The contents of the aforesaid Office Memorandum reads as hereunder:-
"GOVERNMENT OF ASSAM, Page 4 of 11 REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM SECRETARIAT, DISPUR, GUWAHATI-6.
No. RRG.12/2012/132 Dated Dispur the 12 April 2013.
Office Memorandum Subject: General guidelines regarding the standard procedure to be followed for providing Office Mutation by Revenue Circle Officers.
Office Mutation Section 50 of the Assam Land and Revenue Regulation, 1886 lays down that any proprietor or land holder succeeding to any estate whether by transfer or inheritance and obtaining possession of the same, and every joint proprietor or joint land holder assuming charge of a estate or every person assuming charge of any estate of a proprietor or land holder or of any share therein as manager and every mortgagee obtaining possession of any estate of a proprietor or land holder or of any share therein shall within six months from the date of his taking possession or assumption of charge apply to the Deputy Commissioner of the district on the General Registers of which the estate is borne for registration of his name as such land-holder, proprietor, manager or mortgagee and of the nature and extend of the interest in respect of which the application is made. This form of Registration is more commonly known as Mutation as it is concerned with alteration or correction of the land records by replacing the name of the proprietor, land holder with the name of the person, succeeding to the estate.
The power for passing Mutation orders has been conferred to the Deputy Commissioners under the ALRR 1886. At present this power has been delegated to the Circle Officers and Asstt. Settlement Officer of the State.
There are two types of mutations, namely office mutation and field mutation. The field mutation is a suo moto and should be carried out in the field by the Circle Officers during field tours and by organizing Rajah Adalats (Revenue Courts) where large numbers are mutations are passed in the presence of the public. The other type of mutation is called office mutation. This type of mutation is carried out in the office of the Circle Officer.Page 5 of 11
This Office Memorandum deals only with the process of office mutation as per the provisions of Assam Land and Revenue Regulation 1886 (If no objection received from any corner).
Eligibility Criteria Any proprietor or land holder succeeding to any estate whether by transfer or inheritance and obtaining possession of the same, and every joint proprietor or joint land holder assuming charge of a estate or every person assuming charge of any estate of a proprietor or land holder or of any share therein as manager and every mortgagee obtaining possession of any estate of a proprietor or land holder or of any share therein shall within six months from the date of his taking possession or assumption of charge apply to the Deputy Commissioner of the district on the General Registers of which the estate is borne for registration of his name as such land-holder, proprietor, manager or mortgagee and of the nature and extend of the interest in respect of which the application is made.
Procedural steps for obtaining of Office Mutation.
1. The application shall have to submitted in prescribed format along with other documents such as Land Revenue Receipt and affidavit etc. to the concerned Circle Officer of the Reenue Circle.
2. On receipt of the Application, the Circle Officer will initiate a Mutation Case and obtain a Report from the concerned Lot Mandal and Superving Kanungo (SK) about the land status viz. its location, the name of the present Pattadars and possession etc.
3. Notices will be issued to the pattadar/co-pattadars inviting objection, if any, and to appear for hearing in the above Mutation Case and submit objection to the above mutation. If no objection to the above mutation is submitted within a period of thirty days from the date of receipt of the notice, then the Circle Officer will proceed to pass the mutation order after the expiry of the above period. If on the other hand, objection has been filed with regard to the above mutation. he/she will hear the parties concerned and pass necessary orders either passing mutation orders or rejecting the application for mutation. In either case he/she should pass speaking orders stating clearly why he/she has passed the Page 6 of 11 mutation orders or rejected the application for mutation. He/she should see the original or the certified copy of the deed of transfer. The proceeding under section 53 and 54 is a proceeding of judicial nature and the provision of CPC shall follow. The provisions of CPC relating to trial of suits, the evidence and examination of witnesses and production of documents shall apply to the proceedings of mutation.
4. Time period for presenting the cases at different level:
Assistant. 2 days, LMs report is 15 days, for SK's report is 5 days and 7 days for Jarikarok's report.
5. After passing mutation orders, the land records staff will make necessary correction in the Jamabandi or record of right to enter the name of the person in whose name the mutation is granted.
Documents to be annexed with application.
A. In case Mutation (Registration) is sought on the basis of transfer of land by way of purchase, gift, Mortgage or in heritance along with the specified form with required court fee:-
1. Photocopy of Original Registered Deed/certified copy of the deed of transfer.
2. Photocopy of up to date land revenue receipt/land revenue clearance receipt of the land for which the mutation (Registration) is sought.
3. A declaration stating that the Applicant does not possess land in excess of the limit laid down under the Assam Fixation of Ceiling on Land Holding Act, 1956.
B. If Mutation (Registration) is sought by way of inheritance.
1. Proof of death of the deceased Pattadar in whose place Mutation (Registration) is sought.
2. An Affidavit swearing that
a) the Applicant/Applicants is/are the son/daughter/wife/legal heirs of the deceased pattadar.
Page 7 of 11b) the Applicant/Applicants have not transferred the property to any one earlier nor mortgaged/nor created any charge over the property to be mutated.
c) the person to whom the Applicants applied as successor had not transferred the property during his/her life time.
3. Copy of NOC obtained from D.C. in case of transfer of land. (Not applicable in case of prayer of mutation by inheritance Standard Application Form: As per Annexure-1 Citizen Charter: As per Annexure-11 User Charge: Rs. 200/- in urban areas and Rs. 50/- in rural areas.
Sd/-
Additional Chief Secretary to the Govt. of Assam, Revenue & D.M. Department, Dispur, Guwahati-6."
8. Apt to refer to Annexure-II enclosed to the said Office Memorandum, which reads as hereunder:-
"Citizen Charter:-
Sl.No Notified Designati Stipulated Designati Time Designation Time limit Documents to User Public on of the time limit on of the limit for of for be enclosed Chart Service designate for Appellate disposal Reviewing disposal along with the d public providing Authority Time by Authority by the Application for servant the service. the Reviewing office mutation (in days) Appellat Authority Authorit
1. Office Circle Total Sixty Deputy Thirty Commiss Thirty A. In case Rs.200-
mutation Officer/ days, if no Commissi days ioner of days Mutation in urban (Registra Circle objection oner or Divisions (Registration) areas tion) If Officer from any Addl. is sought on and Rs no (Attached) person is Deputy the basis of 50/-in objection filed during Commissi transfer of rural is filed. the oner land by way of areas proceeding. nominated purchase. gift. (nil in by Deputy Mortgage or in case of Commissi heritance mutation oner along with the sought (wherever specified form by way applicable with required of ) court fee:- inherita
1. Photocopy nce in of Original rural Registered areas.) Deed/certified copy of the deed of transfer.
Page 8 of 112. Photocopy of up to date land revenue receipt/land revenue clearance receipt of the land for which the mutation (Registration) is sought.
3. A declaration stating that the Applicant does not possess land in excess of the limit laid down under the Assam Fixation of Ceiling on Land Holding Act, 1956.
B. If Mutation
(Registration)
is sought by
way of
inheritance
1. Proof of
death of the
deceased
Pattadar in
whose place
Mutation
(Registration)
is sought.
2. An Affidavit
(a) Swearing
that the
Applicant
Applicants is
are the son
daughter
wife/legal
heirs of the
deceased
pattadar.
(b) Swearing
that the
Applicant
Applicants
have not
transferred
the property
to any one
earlier nor
mortgaged/nor
created any
charge over
the property
to be mutared.
(c) Swearing
that the
person to
whom the
Page 9 of 11
Applicants
applied as
successor had
not
transferred
the property
during his/her
life time.
3. Copy of
NOC obtained
from D.C. in
case of
transfer of
land (Not
applicable in
case of prayer
of mutation by
inheritance).
Eligibility Criteria
Any proprietor or land holder succeeding to any estate whether by transfer or inheritance and obtaining possession of the same, and every joint proprietor or joint land holder assuming charge of a estate or every person assuming charge of any estate of a proprietor or land holder or of any share therein as manager and every mortgagee obtaining possession of any estate of a proprietor or land holder or of any share therein shall within six months from the date of his taking possession or assumption of charge apply to the Deputy Commissioner of the district on the General Registers of which the estate is borne for registration of his name as such land-holder, proprietor, manager or mortgagee and of the nature and extend of the interest in respect of which the application is made."
9. It is well settled that if there is an alternative, efficacious and adequate remedy, then a person should avail that remedy instead of approaching this Court under Article 226 of the Constitution of India. The issue involved being mere mutation, as it has been projected by the petitioner, the petitioner should avail the remedy by applying for the notified public service, i.e., mutation under the Act, 2012, first by approaching the jurisdictional Designated Public Servant by submitting the Page 10 of 11 prescribed application form and by depositing of the requisite user charges. Upon receipt of such application, the jurisdictional Designated Public Servant shall acknowledge the same and shall proceed to dispose of the said application as per the procedure laid down in the Act, 2012, within the stipulated time period prescribed for the said notified public service, i.e., mutation.
10. Observed accordingly.
11. In view of the availability of the alternative, efficacious and adequate remedy, the writ petition is not entertained, reserving the liberty to the petitioner to avail statutory remedy under the Act, 2012 available to him under the law.
12. The writ petition accordingly stands disposed of.
JUDGE Comparing Assistant Page 11 of 11