GAHC010007022026 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/392/2026 IMRAN SHA CHOUDHURY SON OF LATE HARMUJ ALI CHOUDHURY, RESIDENT OF HOUSE NO.5, BYE LANE NO.10, LAKHIMI NAGAR, P.S. DISPUR, DISTRICT- KAMRUPM, ASSAM, REPRESENTED BY HIS GENERAL POWER OF ATTORNEY HOLDER MRS. PEENAJ AHMED, AGED ABOUT 53 YEARS, W/O LATE ALEN AHMED VERSUS THE STATE OF ASSAM AND OTHRS REPRESENTED BY THE COMMISSIONER AND SECRETARY, REVENUE DEPARTMENT, DISPUR, GUWAHATI, ASSAM. PIN -781006.

2:THE DISTRICT COMMISSIONER KAMRUP METRO ASSAM. PIN - 781036.

3:CIRCLE OFFICER GUWAHATI REVENUE CIRCLE GUWAHATI ASSAM. PIN - 781007 Advocate for the petitioner(s): Mr. P Deka Advocate for the respondent(s): Mr. BJ Talukdar, Senior Advocate, Mr. PK Medhi, Govt. Advocate, Assam Ms. G Hazarika, Standing Counsel, Revenue and Disaster Management Deptt.

B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH

ORDER

11.02.2026 Heard Mr. P Deka, the learned counsel appearing on behalf of the petitioner.

2. Issue notice making it returnable on 27.02.2026.

3. Ms. G Hazarika, the learned Standing Counsel, Revenue Department accepts notice on behalf of the respondent No.1 and Mr. PK Medhi, the learned Government Advocate, Assam who accepts notice on behalf of the respondent Nos.2 and 3.

4. Taking into account that the respondent Nos.1, 2 and 3 are duly represented by their respective counsels, extra copies of the writ petition be served upon them during the course of the day.

5. The grievance of the petitioner herein is that the petitioner has sought for a sale permission which is required in terms with Section 21A of the Registration Act, 1908 insofar as, the same is applicable in the State of Assam. The said application was filed as far back as on 23.06.2025 and in that regard, an acknowledgment was also issued upon being filed in the Sewa Setu portal bearing No.NOC/24/58524/2025 dated 23.06.2025.

6. Taking into account that the NOC was not issued which, otherwise, was required to be done within the period as mentioned under Section 21A of the Registration Act, 1908, the petitioner submitted a representation before the respondent No.2. The said representation having not been taken into consideration and the NOC so sought for by the petitioner having not been issued, the petitioner is constrained to approach this Court by filing the writ petition.

7. When the matter was listed before this Court on 30.01.2026, this Court sought for instructions. In pursuance thereto instruction has been placed by Mr. BJ Talukdar, the learned Senior Counsel assisted by Mr. PK Medhi, the learned counsel appearing on behalf of the respondent Nos.2 and 3 that the NOC Sl.No applied in the Sewa Setu portal is necessary for tracking of any pending land sale proposal as the service for issuance of NOC for sale permissible is accepted only in online mode. The said instruction is kept on record and marked with the letter ‘X’.

8. This Court enquired with Mr.BJ Talukdar, the learned Senior Counsel appearing on behalf of the respondent Nos.2 and 3 as to whether the copy of the writ petition was provided to the respondents taking into account that by the order dated 30.01.2026 there was a direction upon the petitioner to provide extra copies. Mr. BJ Talukdar, the learned Senior Counsel submitted that the copy of the writ petition was also forwarded to the respondent Nos.2 and 3.

9. It shocks and surprises this Court on the instruction so provided as kept on record and marked with the letter ‘X’, taking into account that the application containing acknowledgment has been enclosed as Annexure-5 to the writ petition wherein the Acknowledgment number has been mentioned.

10. Under such circumstances, the respondent No.2 is directed to apprise this Court as to why there is a delay in issuance of the NOC on the next date without fail.

11. It is further observed that issuance of notice in the instant proceedings shall not bar the respondents in the meantime to provide the NOC to