Page No.# 1/4 GAHC010097452025 2025:GAU-AS:7323 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2663/2025 HARESH CHANDRA HANDIQUE AND ANR SON OF LATE NARESWAR HANDIQUE, RESIDENT OF NIZ MANCOTTA VILLAGE, POST OFFICE- KHANIAGAON, POLICE STATION- DIBRUGARH, DISTRICT- DIBRUGARH, ASSAM 2: SMTI DAIBAKI PATGIRI WIFE OF SRI HEMANTA PATGIRI R/O FLAT NO. 203 MEGHMALLAR HILL VIEW KAHILIPARA ROAD JATIA P.O.- ASSAM SACHIVALAYA P.S.- DISPUR GUWAHATI DIST- KAMRUP (METRO) ASSAM PIN-78100 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, LAND REVENUE DEPARTMENT, DISPUR, GUWAHATI-781006 2:THE DISTRICT COMMISSIONER KAMRUP (M) GUWAHATI HENGRABARI DIST- KAMRUP(M) ASSAM PIN- 781036 3:THE ADDITIONAL DISTRICT COMMISSIONER Page No.# 2/4 KAMRUP (M) GUWAHATI HENGRABARI DIST- KAMRUP(M) ASSAM PIN- 781036 4:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE DISPUR GUWAHATI-78102 Advocate for the Petitioner : MR. A BISWAS, MS. K DEY,MR P K BASU,MR. B D CHOWDHURY,MR. R SEKHAR Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 03.06.2025 1. Heard Mr. A Biswas, learned counsel for the petitioners. 2. The petitioner is aggrieved by an order dated 26.03.2025, passed in Composite Land Sale transfer Reference No.NOC/24/54563/2025, by which the application filed by the petitioners for grant of sale permission, was rejected. Though an appeal lies against such order under the Assam Right to Public Services Act, 2012, however, in absence of furnishing of a speaking order for the reason of such rejection, which was not provided to the petitioners, the petitioners could not prefer such an appeal and accordingly approached this court. 3. The order furnished to the petitioners reads as follows: “The application is rejected by ADC (CO has reported Page No.# 3/4 that the NOC cannot be issued. CO REMARKS applied land schedule and submitted PoA land schedule does not match.)” 4. In the considered opinion of this court, such summary of order cannot be treated as an Order-in-Original and in absence of such Order-in-Original, no appeal can be preferred. 5. In the aforesaid backdrop, this court asked the respondents to furnish a copy of the rejection order, if any, before this court. Accordingly, an order dated 26.03.2025 is produced, which was passed by Co-District Commissioner, Dispur, Co-District, Kamrup (M), rejecting the NOC of the petitioner. 6. Such an order be furnished to the petitioners by the Co- District Commissioner, Dispur Co-District, Kamrup (M), within a period of five days from the date of receipt of a copy of this order. 7. It is needless to say that when the order dated 26.03.2025 was admittedly not furnished to the petitioners, the period of limitation, if any, shall start from the date of furnishing such order dated 26.03.2025, so that the petitioners can prefer an appeal in terms of the provision of Assam Right to Public Service Act, 2012. 8. The order dated 26.03.2025 in Case No.NOC/24/54563/2025 dated 24.01.2025, produced by Mr. J Handique, learned standing counsel, Revenue Department shall also be furnished to the learned counsel for the petitioners. 9. With the aforesaid, the writ petition stands disposed of. 10. While parting with the records, it is made clear that the Page No.# 4/4 appellate authority shall consider the case of the petitioners and pass a speaking order within the prescribed period as provided under the Act, 2012, in the event such an appeal is preferred. 11. The instructions furnished by Mr. Handique, is kept on record. JUDGE Comparing Assistant