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2025 DAILYLAW 7838 (GAU)

DIPAK RAY v. THE STATE OF ASSAM AND 3 ORS

WP(C)/1143/2025 · 2025-04-01

Manish Choudhury

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010035112025 2025:GAU-AS:4025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1143/2025 DIPAK RAY S/O- LATE RAKHAL CHANDRA RAY, R/O- BIPIN PAUL ROAD, WARD NO. 24, KARIMGANJ, P.O. AND DIST. KARIMGANJ, ASSAM, PIN- 788710. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE PRINCIPAL SECRETARY, REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-6. 2:THE DISTRICT COMMISSIONER KARIMGANJ AT KARIMGANJ ASSAM PIN-788710. 3:THE DISTRICT REGISTRAR KARIMGANJ DISTRICT - KARIMGANJ ASSAM PIN-788710. 4:THE SUB-REGISTRAR KARIMGANJ (SADAR) DISTRICT - KARIMGANJ ASSAM PIN-78871 Advocate for the Petitioner : MRS R BEGUM, MS. S B CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 02.04.2025 Heard Ms. S.B. Choudhury, learned counsel for the petitioner; Ms. P.R. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department for the respondent no. 1; and Ms. S. Baruah, learned Junior Government Advocate, Assam for the respondent nos. 2, 3 & 4. 2. The petitioner has projected that he is the owner of a plot of land measuring 1 Katha 13 Chatak, as described in Paragraph 2 of the writ petition ['the subject-plot', for short]. The petitioner has further stated that due to urgent need of money, the petitioner has decided to sell the subject-plot to an intending purchaser and to that effect, an agreement for sale of the subject-plot was executed on 11.09.2023. Thereafter, the sale permission/NOC was granted by the Office of the District Commissioner, Karimganj on 13.02.2024 to transfer the subject- plot by way of a registered sale deed. The petitioner has stated that when the petitioner approached the respondent no. 4 to register the sale deed, the respondent no. 4 has refused to register the sale deed without mentioning/showing any ground. Hence, the writ petition. 3. When the writ petition was moved on 07.03.2025, both Ms. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department and Ms. Baruah, learned Junior Government Advocate, Assam were asked to obtain instructions as to why the respondent no. 4 has refused to register the sale deed on being presented before him by the petitioner. 4. Ms. Mahanta, learned Standing Counsel, Revenue & Disaster Management Department has placed a copy of an Office Letter no. C-34/Regn/CC/2024/140 dated 01.04.2025, which she received from the Office of the Senior Sub-Registrar, Sribhumi by way of instruction. 5. Ms. Mahanta has further submitted that since the launch of National Generic Document Registration System [NGDRS] from February, 2024 onwards, an applicant seeking registration of a sale deed has to submit the application mandatorily in the online mode using sewasetu.assam.gov.in portal for registering a slot. It is further submitted that if an Page No.# 3/3 application is required to be rejected then it has to be rejected by stating the reason for it and the rejection order can be viewed by the applicant in its user account. It is further mentioned that the petitioner herein has not submitted any application in the online mode till date. 6. It is further mentioned that if the party after obtaining a valid No Objection Certificate [NOC] from the jurisdictional District Commissioner, submits a fresh online application then such an application will be processed. 7. In view of the fact that the petitioner has not submitted any application for registration of the sale deed in the online mode till date, Ms. Choudhury, learned counsel appearing for the petitioner has submitted that petitioner is not pressing this writ petition at this stage and the petitioner would apply for registration of the sale deed in the online mode before the competent authority. 8. In view of the above submission, the writ petition is closed. 9. The petitioner is at liberty to file an online application for registration of the sale deed in accordance with law and as per the extant procedure. After filing out such application and its consideration if the petitioner is aggrieved, the petitioner is at liberty to avail appropriate remedy under the law. 10. The copy of the Office Letter no. C-34/Regn/CC/2024/140 dated 01.04.2025 of the Senior Sub-Registrar, Sribhumi is kept as a part of the case record by marking it as Document - 'X'. JUDGE Comparing Assistant