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
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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
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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
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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,
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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
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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.
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b) 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.
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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
(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
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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
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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
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