Page No. 1/4 GAHC010021722025 2025:GAU-AS:1429 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/665/2025 NUR MOHAMMOD SARKAR S/O LATE ABDUL MOZID, RESIDENT OF VILLAGE NAYER ALGA PART II, PO NAYER ALGA, PS BILASIPARA, DIST DHUBRI, ASSAM, 783348 VERSUS THE STATE OF ASSAM AND 3 ORS REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI- 06 2:THE DISTRICT COMMISSIONER KAMRUP(M) P.O.- HENGRABARI DISTRICT KAMRUP(M) ASSAM. 3:THE CIRCLE OFFICER OF THE GAUHATI REVENUE CIRCLE P.O.- ULUBARI DIST. KAMRUP (M) ASSAM PIN- 781007 4:GOLERA KHATUN W/O NUR MOHAMMAD SARKAR RESIDENT OF ANUPAM NAGAR ROSE LANE HOUSE NO. 23 GUWAHATI 38 P.O. AND P.S. HATIGAON DIST KAMRUP(M) ASSAM PIN- 781038 ( PRESENT ADDRESS) RESIDENT OF VILLAGE NAYER ALGA PART II P.O.- NAYER ALGA P.S.- BILASIPARA DIST DHUBRI (ASSAM) PIN- 7833348 (PERMANENT ADDRESS) Page No. 2/4 Advocate for the Petitioner : MR. M A SHEIKH, MR. W A SHEIKH,MS F INTAZ Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 12.02.2025 Heard Mr. M.A. Sheikh, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue Department for the respondent no. 1; and Mr. N. Goswami, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3. 2. In view of the limited nature of grievance raised in this writ petition and upon taking into consideration the submissions of the learned counsel for the parties, this writ petition is taken up for consideration at the motion stage itself. As no adverse effect is likely to be caused to the respondent no. 4 in view of the order to be passed, the Court finds it not necessary to issue any notice to the respondent no. 4 at this stage. 3. The petitioner has stated that he is the owner of a plot of land, measuring 1 Katha 5 Lessas, covered by Dag no. 1724 & Patta no. 35, situated at Village – Pachim Boragaon, Mouza – Jalukbari, Guwahati Revenue Circle, District – Kamrup [Metro] [‘the subject-plot’, for short]. The petitioner has further stated that for the purpose of selling the subject-plot in two parts, the petitioner had entered into two agreements for sale of land with two proposed purchasers and a substantial amount had been taken from each of the two purchasers as advanced considerations. 4. The petitioner has further stated that in order to obtain sale permission / no objection certificate, he made effort to submit applications online, as required to be submitted presently. But due to an objection registered [Sewa Setu Reference no. AS241406A7427629 and Application no. TEMP/24/NOC/47871/2024], the petitioner’s applications for sale permission / no objection certificate in respect of the subject-plot in two parts could not be Page No. 3/4 successfully uploaded on-line. On enquiry, the petitioner has found that the respondent no. 4 who is incidentally the wife of the petitioner, has lodged an objection against sale of the subject-plot in the portal resulting in non-uploading of the applications for sale permission / no objection certificate. 5. Mr. Sheikh, learned counsel for the petitioner has submitted that in such backdrop, the petitioner had submitted a representation before the respondent no. 2 on 12.11.2024 with the prayer to cancel the online objection filed by the respondent no. 4 and to issue the sale permission / no objection certificate in his favour for sale the subject-plot in two-parts to the two proposed purchasers. Mr. Sheikh has submitted that as the said representation has not yet been given consideration till date, the petitioner has to approach this Court as the petitioner is in urgent need of money due to some emergent issues. 6. Mr. Goswami, learned Junior Government Advocate, Assam has submitted that since the petitioner has stated that a representation has already been submitted on 12.11.2024 before the respondent no. 2 and the same is pending as on date, this writ petition can be disposed of with a direction to the respondent no. 2 to take the representation dated 12.11.2024 on board and after hearing both the parties, the petitioner and the respondent no. 4, to dispose of the representation by way of a speaking order. 7. Mr. Sheikh has submitted, in response, that he has no objection if the writ petition is disposed of in the afore-stated terms, as submitted by Mr. Goswami, learned Junior Government Advocate, Assam. 8. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner and in view of the nature of issue involved, this Court is of the considered view that instead of keeping this writ petition pending, the writ petition can be disposed of, at this stage, with a direction to the respondent no. 2 to take the representation dated 12.11.2024, stated to have been filed by the petitioner, on board and thereafter, to dispose of the same, after hearing the applicants as well as the objector, that is, the petitioner and the respondent no. 4 and after examination the representation as per the Page No. 4/4 extant law, by way of a speaking order. It is accordingly ordered. It is further observed that the respondent no. 2 shall dispose of the representation as expeditiously as possible, preferably within a period of 1 [one] month from the date of receipt of the certified copy of this order along with a copy of the writ petition along with the annexures, at his office. It is further observed that on receipt of a certified copy of this order with a copy of the writ petition along with annexures, the respondent no. 2 shall also issue notice to the respondent no. 4 to afford an opportunity of personal hearing to the respondent no. 4, if found necessary for hearing on the representation dated 12.11.2024. It is also clarified that this Court has not made any observation as regards the merits of the claim of the petitioner and the respondent no. 2 shall consider and dispose of the representation on its own merits and in accordance with law. The copy of the speaking order to be passed by the respondent no. 2 on the representation shall also be communicated forthwith thereafter. 9. This order disposes of the writ petition. No cost. JUDGE Comparing Assistant