Page No.# 1/4 GAHC010032602025 2025:GAU-AS:8497 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1013/2025 MANOJ BARMAN S/O- LATE KALICHARAN BARMAN, R/O- CIRCUIT HOUSE ROAD, P.O. AND P.S- DIBRUGARH, DIST- DIBRUGARH, ASSAM VERSUS THE STATE OF ASSAM AND THREE ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, THE REVENUE AND DISASTER MANAGEMENT (REGISTRATION) DEPARTMENT, JANATA BHAWAN, DISPUR, GUWAHATI-6 2:THE DISTRICT COMMISSIONER DIBRUGARH DIST- DIBRUGARH ASSAM 3:THE ADDITIONAL DEPUTY COMMISSIONER (REVENUE) DIBRUGARH DIST- DIBRUGARH ASSAM 4:THE CIRCLE OFFICER DIBRUGARH WEST REVENUE CIRCLE DIBRUGARH ASSA Advocate for the Petitioner : MR PARAM HANGKHA KONWAR, MR. D GOGOI,MR S BORTHAKUR Advocate for the Respondent : GA, ASSAM, SC. REVENUE Page No.# 2/4 BEFORE THE HON’BLE MR JUSTICE ARUN DEV CHOUDHURY O R D E R 24.06.2025 1. Heard Mr. S Borthakur, learned counsel for the petitioner. Also heard Ms. N Bordoloi, learned standing counsel for the Revenue and Disaster Management Department for the respondent No. 1, Mr. J Handique, learned counsel representing the respondent Nos. 2,3 and 4. 2. The subject matter of the writ petition is grant of no objection certificate/ sale permission in respect of a plot of land measuring 9 Bighas covered by Dag No. 135 and Patta No. 4 situated at village-2 No. LCR Grant (Khanikar Tea Estate), Mouza-Mancotta Khanikar under Dibrugarh West Revenue Circle, District-Dibrugarh, Assam. 3. The petitioner has applied for NOC/ sale permission to purchase the subject plot for establishment of a tea factory from the proposed seller one Ahmed Kabir. It is the case of the petitioner that despite submission of application for NOC/ sale permission in the month of April, 2024, the application has not been processed to finality and being aggrieved, the petitioner has preferred the instant writ petition for redressal of his grievance. 4. The respondent No. 3 has filed an affidavit. The affidavit goes to show that the authority has verified the original record of the land maintained in the office of Sub-Registrar, Dibrugarh and it is found that the petitioner is the power of attorney holder of the seller i.e. Ahmed Kabir. According to the said affidavit, the petitioner has also declared the intent to establish a tea factory. According to the stand of the aforesaid respondent that Khanikar Tea Estate, of which the subject land is a part has not encroached any Government khas land or ceiling Page No.# 3/4 surplus land and the aforesaid Tea Estate is also no defaulted in any payment to Government and has no occupancy tenants or pending disputes. The land valuation was determined at Rs. 79,048/- per Bigha as per notification of the District Commissioner dated 25.08.2023. However, it is their stands that transfer of tea land require a prior approval from the Government in Term of Notification dated 26.03.2001. 5. This court has perused the aforesaid notification dated 26.03.2001, which prescribes a procedure and condition for transfer of tea garden land. As per the aforesaid notification dated 26.03.2001, on receipt of an application for alienation of tea land, the District Commissioner and Sub-Divisional Officer are required to submit detailed field verification report covering six points as enumerated in the aforesaid notification, which are quoted hereinbelow: “1.Total area of the Garden showing area under Plantation and for the ancillary purposes. 2. If the garden is encroaching upon any Government Khas land/ Ceiling surplus land. 3. Whether the garden has defaulted any payment to the Government. 4. Whether there is any occupancy tenant stating the nature of tenancy with status. 5. If there is any pending case in regard to the ceiling land tenancy right with Government or any other court. 6. Valuation of the Garden showing land value plantation value and other asset’s value.” 6. Thus, from the aforesaid, it is seen that when a transfer of tea estate land is proposed, the sale permission/ NOC can be granted by the District Commissioner only after approval of the State authorities and without such Page No.# 4/4 approval, the District Commissioner shall have no authority to issue such sale permission. 7. Therefore, in the considered opinion of this court, instead of keeping the application filed by the petitioner for grant of NOC/ sale permission for the subject land, the authority, more particularly, the District Commissioner/ Sub- Divisional Officer ought to have submitted report in terms of notification dated 26.03.2001 before the competent authority in the State. 8. At this stage, Mr. Handique, learned State counsel submits that this writ petition may be disposed of directing the District Commissioner to seek such approval. Mr. Borthakur, learned counsel for the petitioner also submits that this writ petition can be disposed of in that manner. 9. Accordingly, the present writ petition stands disposed of directing the District Commissioner, Dibrugarh to do the needful so far relating to the application of the petitioner for transfer of subject land, in term of the Notification dated 26.03.2001, within a period of four weeks from the receipt of certified copy of this order to be furnished by the petitioner before the District Commissioner, Dibrugarh. Thereafter, within a period of six week from receipt of a report from the District Commissioner, the competent authorities in the Revenue Department shall consider such proposal and decide the same. The petitioner is also permitted to file representation before the Competent Authority, empowered to grant such approval. JUDGE Comparing Assistant