HIMADRI SAHA PODDER AND ANR v. THE STATE OF ASSAM AND 3 ORS.
WP(C)/7070/2025 · 2025-12-11
Sanjay Kumar Medhi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 25389 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25389 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC010266662025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7070/2025 HIMADRI SAHA PODDER AND ANR S/O LT. HARIDAS SAHA PODDER R/O WARD NO. 11, NETAJI ROAD, TUFANGANJ, P.S. TUFANGANJ, DIST. COOCHBEHAR, WEST BENGAL, PIN-736160. 2: MANOWAR HUSSAIN S/O FAJAR ALI VILL- KAMALAJHAR P.S. GOLAKGANJ DIST. DHUBRI ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REP.BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, REVENUE, DISASTER MANAGEMENT (REGISTRATION) DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN- 783301. 3:THE ADDL. DISTRICT COMMISSIONER (REVENUE) DHUBRI P.O. AND DIST. DHUBRI ASSAM PIN-783301. 4:THE CIRCLE OFFICER
Page No.# 2/3 GOLAKGANJ REVENUE CIRCLE GOLAKGANJ P.O. GOLAKGANJ DIST. DHUBRI ASSAM PIN-783334 Advocate for the Petitioner : MR. R ISLAM, B HAZARIKA,T TALUKDAR Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT
BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 12.12.2025 Heard Shri R. Islam, learned counsel for the petitioners. Also heard Ms. M. Barman, learned State Counsel and Ms. G. Hazarika, learned Standing Counsel, Revenue Department. Considering the subject matter involved and as agreed to by the learned counsel for the parties, the instant writ petition is taken up for disposal at the motion stage. As per the facts projected, the petitioner no. 1 is the owner of a plot of land measuring 2 bigha, 1 Katha and 9 lecha covered by Dag No. 122 Patta No. 54 of Village Debottar Barundanga under Golakganj Revenue Circle in Dhubri district. He had entered into an agreement for sale of land to the petitioner no. 2 who is the prospective buyer and accordingly an NOC was also prayed for. However, the said NOC was rejected on certain procedural defects. The ground of inter religious transfer of land had also crept in and there was a notification restraining such transfer for a particular period of 3 months. Page No.# 3/3 The learned counsel for the petitioners has however submitted that the procedural defects have been rectified in the meantime. Both Ms. M. Barman, the learned State Counsel and Ms. Hazarika, the learned Standing Counsel, Revenue Department have submitted that the aspect of inter religious transfer has been sorted out and in this regard, an office memorandum has been issued on 09.09.2025 which would govern such transfer. Under the said notification, a nodal officer has also been appointed.
In view of the aforesaid development, this Court is of the opinion that instead of keeping this writ petition pending, the petitioners be directed to apply afresh by following the guidelines of the fresh notification dated 09.09.2025 and by adhering to the other procedural aspects. If such an application is made, the same is directed to be considered on its own merits. Writ petition accordingly stands closed in the manner indicated above. JUDGE Comparing Assistant