Page No.# 1/4 GAHC010106942025 2025:GAU-AS:14952 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2856/2025 NIRMAL RANJAN DE S/O- LATE PARAM RANJAN DE, R/O- H.NO-48, SRIKANTA DUTTA PATH, ODALBAKRA, P.S- DISPUR, GUWAHATI-34, KAMRUP METRO, ASSAM VERSUS THE STATE OF ASSAM AND ORS REP. BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM 2:THE DISTRICT COMMISSIONER KAMRUP METRO ASSAM 3:THE SR. SUB REGISTRAR KAMRUP METRO ASSA Advocate for the Petitioner : MR. K KALITA, MS L HMAR,MR. M R CHOUDHURY,MR. I H SAIKIA Advocate for the Respondent : SC, REVENUE, GA, ASSAM Page No.# 2/4 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER Date : 06-11-2025 Heard Mr. I.H Saikia, learned counsel for the petitioner. Also heard Mr. H. Sarma, learned counsel for the respondent No. 2 & 3 and Mr. A. Bhattarcharjee, learned counsel for the respondent No.1. This writ petition has been filed by the petitioner praying that the NOC for Sale Deed obtained from the respondent No.2 on 08.01.2021 may be directed to be extended for a further period so that the petitioner may have an opportunity to have the Sale Deed executed. It is the case of the petitioner that having obtained the NOC on 08.01.2021, he has taken up further steps for having the Sale executed in his favour by the intending seller. However, due to certain difficulties he could not have the Sale Deed executed and registered within the time frame given in the NOC dated 08.01.2021. On his application being made to the concerned authority, an extension was granted to him for a period of further 3 months i.e. on 25.05.2022 till 23.08.2022. The learned counsel for the petitioner submits that the Sale Deed could not be executed during that period also because the petitioner was suffering from certain difficulties regarding financial capability. He has drawn our attention to the fact that the Sale Deed was in fact prepared on 18.08.2022 and e-Stamp procured on 05.08.2022. He therefore prays that if the period of NOC for Sale is extended, he will have the Sale Deed executed within the extension granted. Mr. H. Sarma, learned counsel for the respondent No. 2 & 3 and Mr. A. Bhattarcharjee, learned counsel for the respondent No.1 have submitted that once an extension was already granted to the petitioner but he could not avail the benefit for Page No.# 3/4 reasons best known to him and it cannot be his case that on his every application an extension has to be granted because there may be some circumstantial changes in the meantime which may require re-consideration. Faced with this situation and on a query made by this Court, Mr. I.H Saikia, learned counsel for the petitioner have submitted that the petitioner would not be averse to applying for grant of a fresh NOC for Sale to the concerned authority and the only apprehension is that the e-Stamp paper already procured and the GMDA permission which was taken in the year 2022 may cause to be hindrance in the grant of fresh NOC. Mr. H. Sarma, learned counsel for the respondent No. 2 & 3 and Mr. A. Bhattarcharjee, learned counsel for the respondent No.1 have submitted dispelling any doubt saying that unused stamp paper can be used for carrying out sale transaction, if the NOC is granted and the permission of GMDA remains without a period of validity, meaning thereby the sale can be carried without reference to a time frame, so far the e-Stamp and GMDA permission are concerned. Having heard the learned counsel for the parties, this writ petition is disposed of permitting the petitioner to file a fresh application for NOC for sale of the land in issue in this writ petition and upon receipt of such an application, the respondents would take appropriate action in accordance with the law regarding issuance of such NOC. It is submitted by Mr. I.H Saikia, learned counsel for the petitioner that period for consideration of an application for grant of NOC is 30 days, which is also supported by Mr. H. Sarma saying that the limitation exists in the book of law. It is made clear that the validity of the earlier NOC having been granted to Page No.# 4/4 the petitioner having expired, the same will not in any way influence the respondents in consideration of the fresh NOC to be granted to the petitioner. Writ petition stands disposed. No costs. JUDGE Comparing Assistant