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2025 DAILYLAW 19800 (GAU)

DULAL CHANDRA GHOSE @ DULAL CH GHOSE AND 3 ORS. v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/5855/2025 · 2025-10-16

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010218392025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5855/2025 DULAL CHANDRA GHOSE @ DULAL CH GHOSE AND 3 ORS. SON OF LATE NRIPENDRA CHANDRA GHOSE, R/O VILL- ANANDA NAGAR, P.O. AND P.S.- BILASIPARA, DIST- DHUBRI, ASSAM 2: NABA KUMAR GHOSE SON OF LATE NRIPENDRA CHANDRA GHOSE @ NIPRENDRA GHOSH R/O VILL- ANANDA NAGAR P.O. AND P.S.- BILASIPARA DIST- DHUBRI ASSAM 3: GAUTAM KUMAR GHOSH SON OF LATE NRIPENDRA CHANDRA GHOSE @ NIPRENDRA GHOSH R/O VILL- ANANDA NAGAR P.O. AND P.S.- BILASIPARA DIST- DHUBRI ASSAM 4: REXONA BEGUM DAUGTER OF LATE ABED ALI W/O- SHEIKH ABDUS SAMAD RESIDENT OF VILLAGE/ TOWN - BILASIPARA WORD NO. 1 P.O AND P.S. - BILASIPARA DIST.- DHUBRI ASSAM PIN- 78334 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM. Page No.# 2/3 2:THE DISTRICT COMMISSIONER DHUBRI DIST- DHUBRI PIN- 783301 ASSAM 3:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE BILASIPARA DHUBRI ASSAM PIN- 783348 4:THE SUB REGISTRAR BILASIPARA DHUBRI ASSAM PIN-78334 Advocate for the Petitioner : MD B ISLAM, MR A ALAM,MR. A A MONDAL Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 17.10.2025 Heard Shri B. Islam, learned counsel for the petitioners. Also heard Shri N. Das, learned State Counsel and Ms. PR Mahanta, learned Standing Counsel, Revenue Department. 2. Considering the subject matter involved and as agreed to by the learned counsel for the parties, this writ petition is taken up for disposal at the motion stage itself. 3. Suffice it to mention that this matter had also come up for consideration on 30.10.2025 when some deliberations were made on the issue involved. 4. As per the facts projected, the petitioner nos. 1, 2 & 3 are the owners of a Page No.# 3/3 plot of land measuring 4 Bigha, 4 Katha and 6 Lessa covered by Dag No. 554 and Patta No. 243 under Mouza – Bilasipara, Village Ananda Nagar in the district of Dhubri, out of which, a plot of land measuring 2 Katha was proposed to be sold to the respondent no. 4. Accordingly, the application was made which was acknowledged vide No. NOC/02/38038/2023. It is contended that the permission was required to be issued within 45 days. However, as the transaction involved inter-religion transfer, the same was not proceeded. 5. Both Shri Das, learned State Counsel and Ms. Mahanta, learned Standing Counsel, Revenue Department have submitted that the Department has published a SOP vide a notification dated 09.09.2025 which covers such inter- religion transfer of land. In fact, the said notification has also been annexed to the writ petition. 6. Considering the above and as agreed to by the learned counsel for the parties, the instant writ petition is disposed of by giving liberty to the petitioners to file a fresh application as per the notification dated 09.09.2025. If such application is filed, the same is directed to be considered and disposed of in accordance with law and within the time prescribed. 7. The writ petition is accordingly disposed of. JUDGE Comparing Assistant