Statutory authorities are strictly required to provide a 'speaking order' containing specific reasons for rejecting land transfer applications. Failure to record these reasons violates the mandate of natural justice and renders the administrative decision arbitrary, illegal, and unsustainable in law.

JUDGMENT :

MANISH CHOUDHURY, J.

Heard Mr. M.I. Hussain, learned counsel for the petitioner; Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. H.K. Hazarika, learned Junior Government Advocate for the respondent nos. 2-5.

2. The case projected by the petitioner in this writ petition, in brief, is that the petitioner is the absolute owner of a plot of land measuring 3 Bighas, 1 Katha, 2 Lessas, covered by Dag no. 430 & Patta no. 180, situate at Village no. 1 Ghorathal, Mouza – Paschim Barkhetri, Police Station – Mukalmua, District – Nalbari, Assam [‘the subject-plot’, for short]. As the petitioner had intended to purchase another plot of land for her convenience and for the said purpose she was in need of money, the petitioner had offered to sell the subject-plot and two proposed purchasers accepted the offer. An agreement for sale of land was executed to that effect on 01.10.2023.

3. Thereafter, the petitioner filed an application on 23.01.2024 in the designated portal seeking the notified public service, ‘Composite Land Sale Transfer’/No Objection Certificate [NOC]. The application was received vide Acknowledgement no. NOC/06/44972/2024. Substantially, the application for NOC was shown rejected on 08.03.2024 in the designated portal, Sewa Setu. Aggrieved by such rejection of the application, the petitioner approached this Court by a writ petition, W.P.[C.] no. 6329/2024 wherein it was highlighted that in view of the provisions contained in Section 21A of the Registration Act, as amended by the Registration [Assam Amendment] Act, 2009, either the NOC is to be issued or a Speaking Order is to be passed within the stipulated period.

4. The writ petition, W.P.[C.] no. 6329/2024 was disposed of by an Order dated 20.12.2024. In the Order dated 20.12.2024, it was observed that since the petitioner had already filed an application before the District Commissioner, Nalbari seeking NOC and the same was duly received, it would be apposite for the District Commissioner, Nalbari to consider the claim of the petitioner and to pass a Speaking Order as required under Section 21A of the Registration Act, as amended. The writ petition was thereby, disposed of with a direction to pass the Speaking Order within a period of sixty days from the date of receipt of a certified copy of the Order.

5. Thereafter, the impugned Order came to be passed by the respondent no. 2 on 11.04.2025 disposing of the matter. In the Order, it was observed that the petitioner had mistakenly claimed that her application was rejected by the Authority without any reason. The said observation was made for the reason that upon reviewing the tracking status of the application in the Sewa Setu Portal, it was found that the application was rejected by the Additional Deputy Commissioner on the basis of non-recommendation by the concerned Circle Officer for issuance of the NOC. Aggrieved by the impugned Order so passed, the petitioner is before this Court by the instant writ petition.

6. Mr. Hazarika, learned Junior Government Advocate, Assam appearing for the respondent nos. 2 to 5 has submitted, on the basis of instructions received from the Office of the respondent no. 2 vide an Office Letter no. NLR.1-58/2025/High Court/86 dated 01.05.2026, that the application of the petitioner for NOC was rejected by the Additional Deputy Commissioner, Nalbari on 23.04.2024 as the Circle Officer, Barkhetri Revenue Circle, Mukalmua did not recommend for issuance of NOC. He has further submitted that in the Land Records Assistant’s Report, it was