JUDGMENT

Heard Mr. J.M.A. Choudhury, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. J. Handique, learned Junior Government Advocate, Assam for the respondent nos. 2 – 5.

2. The case of the petitioners is that they had submitted an application for No Objection Certificate [NOC] for transfer of a plot of land under Section 21A of the Registration Act, 1908, as amended, by the Registration [Assam Amendment] Act, 2009. It is the contention of the petitioners that as official survey operation relating to the concerned area, mentioned in the application, has not yet been completed, the facility to submit the application online, was not available to the petitioners, at the time of submission of the application on 11.02.2026. Therefore, the application through offline mode seeking issuance of the NOC was submitted before the competent authority, acknowledgement of which was received as Document no. 40A.

3. Both Ms. Bordoloi and Mr. Hazarika have accepted the position that for the area in question, an application for No Objection Certificate [NOC] is to be submitted in the offline mode in view of non-availability of the facility to submit it online. They have submitted that the application is required to be processed as the Standard Operating Procedure [SOP], notified by a Notification dated 09.09.2025.

4. Mr. Choudhury has submitted that the petitioner nos. 1 & 2 are the owners of a parcel of land, covered by Dag nos. 705 & 703 & Patta nos. 170 & 165, situate in Pargana – Prathapghar, Mouza – Rajabari, District – Sribhumi, Assam and in order to sell a part out of the said parcel of land, measuring 8 Kathas at an agreed consideration of Rs. 42,00,000/-, they had entered into an Agreement for Sale of the said part of land with the petitioner no. 3. Thereafter, the application for the NOC was submitted on 11.02.2026.

5. It is the case of the petitioners that as the said application for NOC has not been processed to its finality despite elapse of more than five months since 11.02.2026, the petitioners are constrained to approach this Court by the instant writ petition seeking inter alia a direction to the respondent authorities, more particularly, the respondent no. 2 to bring the process of issuance of No Objection Certificate [NOC] to its finality at the earliest.

6. The Registration Act, 1908 came to be amended by the Registration [Assam] Amendment Act, 2009 with the insertion of Section 21A, and again, by the Registration [Assam Amendment] Act, 2021. After those amendments, Section 21A of the Registration Act, 2009 reads as under :-

21A. Notwithstanding anything contained in any other provision of this Act, no non - testamentary instrument relating to immovable property, except for house, flat, residential apartment, commercial building or any construction or structure erected on a plot of land, shall be accepted for registration, unless the Deputy Commissioner of the concerned district issues a No Objection Certificate containing the description of such immovable property to be transferred and also such other No objection Certificates, which are required to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, Order etc. issued by the State Government from time to time;

Provided that all such No Objection Certificates shall be issued within a period of thirty days from the date of the receipt of application and in case No Objection Certificate is not issued within the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period.

7. It is a statutory mandate under Section 21A of the Registration Act for the jurisdictional Deputy Commissioner to either issue a No Objection Certificate [NOC] containing the description of the immovable property to be transferred or to pass a speaking order wi