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2025 DAILYLAW 26675 (GAU)

HIMADRI SAHA PODDER AND ANR v. THE STATE OF ASSAM AND 3 ORS

WP(C)/7028/2025 · 2025-12-09

Sanjay Kumar Medhi

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010266672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7028/2025 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: GOLA HOSEN SK. S/O- LT. PIYARUDDIN VILL- BARUNDANGA P.S. GOLAKGANJ DIST.- DHUBRI ASSAM PIN- 78333 VERSUS THE STATE OF ASSAM AND 3 ORS TO BE REPRESENTED 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 GOAKGANJ REVENUE CIRCLE Page No.# 2/3 GOLAKGANJ P.O.- GOLAKGANJ DIST. DHUBRI ASSAM PIN- 78333 Advocate for the Petitioner : MR. R ISLAM, T TALUKDAR,B HAZARIKA Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 10-12-2025 Heard Shri R. Islam, learned counsel for the petitioners. Also heard Shri H. Sarma, learned Addl. Senior Govt. Advocate, Assam 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 nos. 2 & 3 who are the prospective buyers 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. The learned counsel for the petitioners has however submitted that the Page No.# 3/3 procedural defects have been rectified in the meantime. Both Shri Sarma, 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