Page No.# 1/5 GAHC010009162026 2026:GAU-AS:13129 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/666/2026 SIMANTA DAIMARY S/O PHUKAN DAIMARY, R/O VILLAGE KAKAL BHAGI P.S TEZPUR DIST.- TEZPUR, ASSAM VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR, GUWAHATI- 6 2:DISTRICT COMMISSIONER OF NAGAON P.O.- NAGAON DIST- NAGAON ASSAM PIN- 782001 3:THE CIRCLE OFFICER DHING REVENUE CIRCLE P.O.- DHING DIST.- NAGAON PIN- 78212 Advocate for the Petitioner : MR. M A SHEIKH, MS. ASMINA BEGUM,MS F INTAZ,MR M H CHOUDHURY Advocate for the Respondent : GA, ASSAM, SC, REVENUE AND DISASTER MANAGEMENT DEPT Page No.# 2/5 BEFORE HONOURABLE MR. JUSTICE RAJESH MAZUMDAR ORDER 09.09. 2026 Heard Mr. M.A. Sheikh, learned counsel appearing for the petitioner. Also heard Mr. H.K. Sharma, learned counsel appearing for the respondent/State Instrumentalist. 2. The present writ petition had been initiated praying for directions to the respondents to dispose of the application dated 15.01.2025, bearing Acknowledgement No. NOC/33/ 64545/ 2025 by issuing NOC for sale of the scheduled land. 3. The case of the petitioner was that although he had applied under the Sewa Setu Portal for being issued an NOC, the same had not been addressed by the respondents and, therefore, the sale of the land in issue could not be carried out. 4. An affidavit had been filed on 02.04.2026 by the Circle Officer, Dhing, Revenue Circle, by which the communication dated 12.03.2026 addressed to the Junior Government Advocate, Assam by the In-charge Circle Officer of the Dhing Revenue Circle has been brought on record and which reads as follows: Sir With reference to the subject cited above, I would like to inform you that an online application form vides no. NOC/33/64545/2025, Dated-15/01/2025 was submitted for land sale permission at Batadroba Borhisa (Satra) Revenue Village. The said land at dag-11, patta-01, Batadroba Borhisa (Satra) Revenue Village under Dhing Page No.# 3/5 Revenue Circle, Nagaon, Assam falls within the area of SKM (Five Kilometer) radius of Sri Sri Batadrava Than of Nagaon District. No new land sale permission application was processed as per govt. orders as listed below for the areas fall within 05 km periphery of Sri Sr Batadrava Than. Govt orders issued by the Principal Secretary to the Govt. of Assam, Revenue & Disaster Management Department, Dispur are a) ECF 544102/2024/06, Dated-06/09/2024 b) ECF 544102/2024/188, Dated-20/01/2025 c) ECF 544102/2024/223, Dated-06/03/2025 d) ECF 544102/2024/232, Dated-12/05/2025 Vide Govt. Order issued by The Principal Secretary to the Govt. of Assam, Revenue & Disaster Management Department, Dispur, No. ECF-544102/2024/256, Dated 23/06/2025, it is notified that land sale permission in respect of applicants where buyer and seller both are original inhabitants of the area (within same village) within 05 km periphery of Sri Sri Batadrava Than is allowed. As per office record, a notice was sent seller Simanta Daimary and Piyush Pugalia vide this office No.DCO/2025/1809, Dated-05/07/2025. Both the parties visited this office and submitted various photocopies of documents like Seller- Simanta Daimary 1. 1951 NRC details of Sonitpur district. 2. 1960 voter list of Darang district. 3. 190-31 Jamabandi of Darang district. 4. 1997 voter list of Sonitpur district. Buyer- Piyush Pugalia 1. NRC details of Nagaon Sadar. 2. Voter Id card related to Nagaon Haiborgaon.. 3. 1977-Voter certified copy of Moirabari. Page No.# 4/5 4. Kheraj Patta of Niz Dhing. 5. 1930-31 Jamabandi of Niz Dhing. As seller and buyer were unable to submit any document showing their 3 (three) generations continuous residency in the village Batadrava Borhisa (Satra). Hence, the NOC for land sale permission application vides no NOC/33/64545/2025 was rejected on 28/11/2025. This is for information and necessary action. 5. The affidavit also contains the notification on the basis of which the NOC sought had been rejected. 6. The order dated 13.03.2026 required the affidavit to be filed, and the same had also been filed. The rejection order was not available on record; therefore, by the order dated 24.08.2026, the learned Junior Government Advocate, Assam, was given the opportunity to bring on record the rejection order. 7. Today, Mr. Sharma, learned counsel appearing for the State instrumentalities, had placed before this Court another instruction dated 09.09.2026, wherein it has been reiterated that the buyer of the land in issue is a resident of Nagaon, Haiborgaon and the seller, the petitioner herein, is a resident of Sonitpur District. As per the office orders, both buyer and seller must be in possession of land within the same Revenue village and within a 5 km radius of Batadroba Satra. Moreover, submission of 3(three) generations' residential proof within the same village was mandatory. 8. It is an assertion of the State Instrumentalist that these are grounds on Page No.# 5/5 which the NOC sought by the petitioner could not be issued. 9. Mr. M.A. Sheikh, learned counsel, has submitted that since grounds have now been brought on record, the petitioner may be allowed to withdraw the present writ petition and approach the appropriate forum of law by preferring an application raising grievances against the grounds of rejection intimated to the petitioner through the proceedings today. 10. The Circle Officer, Dhing, shall also supply a copy of the grounds of rejection to the petitioner and for this purpose the petitioner shall approach the Office of the Circle Officer, Dhing, Revenue Circle, within a week from today, along with a copy of this order, whereupon the Circle Officer shall supply him a copy of the reasons for rejection of the application for NOC. 11. Accordingly, this writ petition is closed, allowing the petitioner to pray for redressal of his grievances in an appropriate forum of law. JUDGE Comparing Assistant