Page No.# 1/5 GAHC010127742024 2025:GAU-AS:6265 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3263/2024 SWAPAN KR RAY S/O LATE KSHITINDRA CHANDRA RAY RESIDENT OF ABHAYAPURI TOWN, WARD NO. 3, PO ABHAYAPURI, PS ABHAYAPURI DIST BONGAIGAON, ASSAM VERSUS THE STATE OF ASSAM AND 6 ORS TO BE REP BY THE SECRETARY TO THE GOVT. OF ASSAM,LAND REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI 06 2:THE INSPECTOR GENERAL OF REGISTRATION ASSAM RAJ BHAWAN RUPNAGAR GUWAHATI 32 3:THE DEPUTY REGISTRAR. BONGAIGAON O/O THE DEPUTY COMMISSIONER BONGAIGAON ASSAM 783380 4:THE DISTRICT COMMISSIONER BONGAIGAON ASSAM 783380 5:THE SUB DIVISIONAL OFFICER NORTH SALMARA ABHAYAPURI DIST BONGAIGAON ASSAM 783384 Page No.# 2/5 6:SUB REGISTRAR ABHAYAPURI DIST BONGAIGAON ASSAM 783384 7:EXECUTIVE MAGISTRATE NORTH SALMARA ABHAYAPURI O/O THE SUB DIVISIONAL OFFICER (C) NORTH SALMARA ABHAYAPURI DIST BONGAIGAON ASSAM 78338 Advocate for the Petitioner : MR. A R BHUYAN, MR. S RANA Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA ORDER 19.05.2025 Heard Mr. S. Rana, learned counsel for the petitioner. Also heard Mr. J. Handique, learned counsel for the respondent Nos.1 & 2 and Mr. S.R. Baruah, learned counsel for the respondent Nos.3 to 7. 2. The petitioner’s case is that he was issued a Deed Writer license by the District Commissioner, Bongaigaon on 12.11.2012. However, vide order dated 30.05.2024 issued by the District Commissioner, Bongaigaon, the Deed Writer license of the petitioner was cancelled under Section 14(7) of the Indian Registration Act, 1908. 3. The petitioner’s grievance is that neither was any notice issued to the petitioner nor the enquiry report, on the basis of which his license had been cancelled, furnished to the petitioner, prior to issuance of the order dated Page No.# 3/5 30.05.2024. 4. Mr. S.R.Boruah, learned counsel for the respondent Nos. 3 to 7, submits that the petitioner’s license had been cancelled on the basis of the preliminary enquiry report which was forwarded by the Sub-Divisional Officer (C), North Salmara to the District Commissioner, Bongaigaon, vide letter dated 22.05.2024. 5. I have heard the learned counsels for the parties. 6. The impugned order dated 30.05.2024, by which the petitioner’s licence as a Deed Writer has been cancelled, states that the decision had been made on the basis of the enquiry report dated 22.05.2024, wherein it has been stated that the petitioner has been interfering with the official works of the Sub- Registrar’s office, which is beyond his transactional jurisdiction. No existence/examples as to how the same has been done is mentioned. 7. The preliminary enquiry report dated 22.05.2024 is with regard to the allegations made against one Sub-Registrar, who had apparently not maintained the cash register regularly. The only allegation made against the petitioner is reflected in the last two paragraphs of the preliminary enquiry report dated 22.05.2024, which states as follows:- “Prima facie, however, it appears that due process is not being followed in the Sub-Registrar Office. The office of the undersigned had also received several verbal complaints about the demanding of bribes by the office staff of the Sub-Registrar. Moreover, the self-admission by the Sub-Registrar that Shri Swapan Ray, a deed writer at the Sub-Registrar Office, was interfering in official work with malafide intention, also needs to be examined carefully. Hence, in the interest of the general public, an Assistant Commissioner has been detailed to supervise the daily/routine works of Sub Registrar Office, Page No.# 4/5 Abhayapuri and it is recommended to either transfer or suspend the Sub- Registrar pending a detailed investigation to ensure an unbiased and fair inquiry. The Deed Writer's license of Shri Swapan Ray may also be suspended during this period to facilitate a free and fair investigation into the allegations.” 8. The issue to be decided is whether the petitioner had been afforded an opportunity of hearing prior to the impugned order dated 30.05.2024 being issued and as to whether any notice had been issued to the petitioner. 9. Though this Court on 05.12.2024 had directed the respondents to produce the records, no records have been produced till date. In any event, there is nothing to show in the pleadings made by the parties that any notice had been issued to the petitioner, prior to the impugned order dated 30.05.2024 being issued. Further, the preliminary enquiry report dated 22.05.2024 only states that there was a self admission made by the Sub-Registrar, whose actions were being enquired into, who had apparently stated that the petitioner was interfering in official works with malafide intention. The said admission made by the Sub-Registrar is only in the preliminary enquiry report, without there being any specifics or particulars being mentioned. 10. Due to the fact that there is nothing to show that the petitioner had been given a notice with regard to the statement made by the Sub-Registrar in the last 2 paragraphs of the preliminary enquiry report dated 22.05.2024, this Court is of the view that the impugned order dated 30.05.2024 is not sustainable, as the principles of natural justice had not been followed. Accordingly, the impugned order dated 30.05.2024 issued by the District Commissioner, Bongaigaon is hereby set aside. Liberty is however given to the respondents to issue notice to the petitioner, with regard to any allegation made against him, so Page No.# 5/5 that he can have the opportunity to rebut the allegations made against him. 11. The writ petition is accordingly disposed of. JUDGE Comparing Assistant