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GAHC010007022026

2026:GAU-AS:5993

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 : MR A DAS, MR. R KAMAN,I BHATTACHARYYA,MR R

HOQUE,MR. P DEKA

Advocate for the Respondent : SC, REVENUE, GA, ASSAM

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BEFORE

HONOURABLE MR. JUSTICE KAUSHIK GOSWAMI

ORDER

Date : 30-04-2026

Heard Mr. P. Deka, learned counsel appearing for the petitioner. Also heard

Mr. B.J. Talukdar, learned Sr. Counsel assisted by Ms. M. Barman, learned

counsel for the State respondent. Ms. G. Hazarika, learned counsel appears for

the respondent No.1.

2. By way of this petition under Article 226 of the Constitution of India, the

petitioner seeks issuance of sale permission/NOC in respect of his land

measuring 2 kathas covered by Dag No. 126 of Patta No. 250 of revenue village

Ramcha Hill Grant in Ulubari Mouza, under Guwahati Revenue Circle in the

district of Kamrup (M).

3. The brief facts of the case are that the petitioner claims to be the owner of

the said 2 kathas of land, which he had purchased after obtaining sale

permission/NOC approximately seven years ago. It is the specific case of the

petitioner that he has been regularly paying land revenue, khazana, etc., and his

name already stands mutated in the Jamabandi. However, when he sought sale

permission in respect of the subject land, the respondent authorities arbitrarily

rejected the same. Accordingly, the present petition has been filed.

4. Before adverting to the merits of the matter, it is pertinent to note that

during the pendency of the case, Mr. B.J. Talukdar, learned Senior Counsel,

furnished a copy of the letter dated 21.03.2026, wherein it has been stated that

the petitioner’s online application for sale permission in respect of the subject

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land was rejected by the Circle Officer, Guwahati Revenue Circle, on the ground

that a wrong application had been submitted in terms of the Lot Mandal’s

report. The relevant portion of the said letter dated 21.03.2026 reads as under:

“In connection with the subject cited above and letter under reference, I

have the honour to mention here that the online land sale permission

application vide no. NOC/24/58524/2025 had been rejected by the Circle

Officer, Guwahati Revenue Circle's end, by mentioning the reason for

rejection as "The Application is rejected as per Lot Mondol Report, Wrong

application submitted".

It is pertinent to mention here that once the application is rejected in the

login of the online portal of the respective Revenue Officer(s), i.e. Circle

Officer/Addl. District Commissioner/Co-District Commissioner etc., the

same application cannot be re-opened for further procedure. In such

cases, the applicant must apply afresh for issuance of NOC for land sale

permission.

In view of the foregoing, the Hon'ble Court may direct the applicant to

apply for fresh application in "SEWASETU" portal with all relevant and up-

to-date documents so that the NOC may be delivered to the applicant at

the earliest.

I, therefore request to the Hon'ble Addl. Sr. Govt. Advocate, to present the

case as mentioned above on the next fixed date.

This is for favour of your kind information and necessary action.”

5. It appears that the respondents, while filing their affidavit-in-opposition on

12.03.2026, have categorically stated that upon verification of the available

revenue records, the subject land stands recorded in the name of the petitioner

as per mutation order