NAVAJOTI NATH AND ANR v. THE STATE OF ASSAM AND 3 ORS
WP(C)/3036/2025 · 2025-07-23
Arun Dev Choudhury
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 13400 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13400 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010116762025
2025:GAU-AS:9536
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3036/2025 NAVAJOTI NATH AND ANR S/O- LATE ANUKUL CHANDRA NATH, R/O VILLAGE-JHAGRARPAR PART- III, P.O.- JHAGRARPAR, P.S. DHUBRI, DIST- DHUBRI, ASSAM, PIN- 783301.
2: ROPIUL HOQUE S/O- ARDOSH ALI VILL.- FULKATARI P.O. JORUARCHAR P.S. FAKIRGANJ DIST. DHUBRI ASSAM PIN- 783349 VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6.
2:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DIST- DHUBRI ASSAM PIN - 783331.
3:THE ADDL. DISTRICT COMMISSIONER (REVENUE) DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783331.
4:THE CIRCLE OFFICER DHUBRI REVENUE CIRCLE DHUBRI
Page No.# 2/3 P.O.- DHUBRI DIST.- DHUBRI ASSAM PIN-783301 Advocate for the Petitioner : MR. R ISLAM, T TALUKDAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
ORDER Date : 24.07.2025
1. Heard Mr. R Islam, learned counsel for the petitioners.
2. The present writ petition is filed alleging non
consideration of application for NOC for transfer of land.s
3. The learned counsel for the petitioners submits that proposed transfer was an inter religion transfer and only for that reason, the application has been rejected on such flimsy ground of non-matching of the photographs. The petitioners further submit that both the buyer and seller are ready to present themselves before the competent authority and are ready to have photograph in front of such Circle Officer.
4. An affidavit has been filed by the State Respondents refuting the claim of the petitioners that because of inter religion, the transfer is objected and they have taken a stand that the joint photograph of the buyer and seller are suggested to be tempered with.
5. In view of the aforesaid, the learned counsel for the
Page No.# 3/3 petitioners submits that the petitioners will give a fresh photograph and even both the buyer and seller are ready to present themselves before the authority so that they do not have any confusion as regards the intention of such sale transaction.
6. In view of the aforesaid, the writ petition stands
disposed of by permitting the petitioners to file a fresh joint photograph before the authorities and if required by the authority, to present themselves before it and thereafter the application for No Objection Certificate shall be considered and a speaking order shall be passed within a period of two weeks from the date of receipt of a certified copy of this order to be furnished by the petitioners before the authority along with a fresh photograph of the buyer and seller.
7. The petitioners are also permitted to appear before the concerned designated public who are buyers and sellers.
8. The original documents returned by the authorities shall also be produced by the petitioners, if asked by the competent designated officials, if required fresh application may also be filed.
JUDGE Comparing Assistant