Page No.# 1/3 GAHC010230022019 2025:GAU-AS:7925 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7155/2019 TARAMAI KALITA W/O- LT PRANESWAR KALITA, R/O- VILL- NO. 1 PANCHALI, P.O. LASKAR PATHAR, P.S. LANKA, DIST- HOJAI, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, LAND AND REVENUE DEPTT., DISPUR, GHY, ASSAM, PIN- 781006 2:THE DY. COMMISSIONER HOJAI SANKAR DEV NAGAR HOJAI ASSAM PIN- 782435 3:THE ADDL. DY. COMMISSIONER (REVENUE) HOJAI SANKARDEV NAGAR 4:THE CIRCLE OFFICER LANKA REVENUE CIRCLE LANKA DIST- HOJAI ASSAM PIN- 78243 Advocate for the Petitioner : MR DEBA KUMAR DAS, MR. K SINGHA,MS. P BHUYAN Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 16.06.2025 1. Heard Mr. D.K. Das, learned counsel for the petitioner. Also heard Ms. N Bordoloi, learned counsel for respondent No.1 and Mr. N Das, learned state counsel for respondent Nos.2 to 4. 2. The petitioner is the owner, pattader and possessor a plot of land of measuring 09 bighas 03 kathas 12.5 lechas covered by two pattas i.e. 70 and 71 and five dags i.e. dag No. 335,336,338,339 and 340. Suffering from heart pain and the other ailments since few years back, the petitioner in order to get proper treatment decided to sell her patta land and accordingly submitted application before the Deputy Commissioner, Hojai at Sankardev Nagar for permission. The Additional Deputy Commissioner vide letter dated 13.02.2018 asked the Circle Officer Lanka Revenue Circle at Lanka to cause an enquiry and submit report through online. Thereafter, the Circle Office on 31.12.2018 submitted his enquiry report stating that the petitioner is the pattadar and exclusive owner of the land. Despite the same, the Deputy Commissioner has not granted permission. 3. Mr. N Das, learned state counsel submits that as per his instructions, there is Title Suit pending before the Court of Munsiff at Hojai T.S. No.1/2019. Although the Suit is between the sons of the petitioner, the land in question is the subject matter. Page No.# 3/3 4. Mr. Das, learned counsel for the petitioner submits that he has no contact with his client since the year 2020 and he is not aware as to whether any grievance remains. 5. In the meantime, the State of Assam in terms of the Assam Right to Public Service Act, 2012 and the rules framed thereunder has laid down certain procedures for grant of NOC for sale inasmuch as, now the entire procedure is to be done through a online mode, more particularly, through sewasetu app and a period has also been prescribed for grant of such NOC. 6. In the aforesaid backdrop, Mr. N Das, learned state counsel submits that even otherwise, the pending application may not be possible to consider at this stage, in view of bringing new computerized system in place. 7. In view of the aforesaid, this writ petition stands closed with a liberty to the petitioner, if so desires, to file appropriate application seeking NOC in terms of Assam Right to Public Service Act. 2012 and the rules framed thereunder. In the event such application is filed, the same may be considered and concluded in terms of the aforesaid 2012 Act. JUDGE Comparing Assistant