Page No.# 1/10 GAHC010183302026 2026:GAU-AS:14650 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4706/2026 PARBIN SULTANA AHMED W/O ROUZ AHMED, RESIDENT OF HOUSE NO. 14, ROSE LANE, ANUPAM NAGAR, HATIGAON, GUWAHATI-38. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DISTRICT COMMISSIONER KAMRUP RURAL ASSAM PIN-781031. 3:THE CIRCLE OFFICER PALASBARI REVENUE CIRCLE DIST. KAMRUP ASSAM PIN-781128. 4:THE SUB REGISTRAR KAMRUP AMINGAON DIST- KAMRUP (ASSAM) PIN- 78103 Advocate for the Petitioner : MS. R CHOUDHURY, MS. B. HAZARIKA Advocate for the Respondent : GA, ASSAM, SC, REVENUE Page No.# 2/10 BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY JUDGMENT Date : 24-09-2026 Heard Ms. R. Choudhury, learned Senior Counsel assisted by Ms. S.E. Murtaza, learned counsel for the petitioner; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam for the respondent no. 1; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam, for the respondent nos. 2, 3 & 4. 2. It is the case of the petitioner that she as the proposed purchaser had entered into an Agreement for Sale with the joint owners, six in nos., of a plot of land measuring 2 Kathas 8.5 Lessas, covered by Dag no. 214 of Periodic Patta no. 18, situate at Village – Koitasidhi, Revenue Circle – Palashbari, District – Kamrup [‘the subject-plot’, for short]. It is stated that the joint owners of the subject-plot through one Smt. Niroda Nath after coming into an agreement as regards the sale consideration, submitted an application seeking delivery of the notified public service, ‘Composite Land Sale Transfer’ on 18.12.2025. The application was successfully submitted in the online mode and in acknowledgment, Acknowledgment no. NOC/07/93164/2025 was generated. 3. As per the Acknowledgment, the notified public service was to be delivered within a period of forty-five days the petitioner waited for processing of the application by tracking its status in the composite citizen platform, Sewa Setu. When the petitioner tried to track the status of the application on 10.03.2026, it Page No.# 3/10 came to the notice of the application for delivery of the notified public service was still in process. From Sewa Setu, the petitioner has come to learn that the Application was forwarded by the jurisdictional District Commissioner [the respondent no. 2] to the Revenue & Disaster Management Department and the application is lying pending before the Department since 10.03.2026 without any further process. 4. Ms. Choudhury, learned Senior Counsel appearing for the petitioner has submitted that the service, ‘Composite Land Sale Transfer’ is a notified public service under the Assam Right to Public Services Act, 2012, as amended, and in view of Section 21A of the Registration Act, 1908, as amended, it is incumbent on the part of the respondent authorities either to allow the application for the said notified public service or to dispose of the application by way of a reasoned order within the prescribed delivery period. It is, therefore, not open for the respondent authorities to keep the application pending for such prolonged period. Ms. Choudhury has further submitted that even if the intended transfer is governed by the Standard Operating Procedure [SOP], notified by the Revenue and Disaster Management Department, Government of Assam by a Notification dated 09.09.2025, the period of delivery of the notified public service is still thirty days, which is already long over. 5. The Registration Act, 1908 came to be amended by the Registration [Assam Amendment] Act, 2009 with the insertion of Section 21A and again by the Registration [Assam Amendment] Act, 2021. After those amendments, Section 21A of the Registration Act, 2009 reads as under :- Page No.# 4/10 21A. No registration of non-testamentary instruments with no objection certificate. Notwithstanding anything contained in any other provision of this Act, no non testamentary instrument relating to immovable property. except for house, flat, residential apartment, commercial building or any construction or structure erected on a plot of land, shall be accepted for registration, unless the Deputy Commissioner of the concerned district issues a No Objection Certificate containing the description of such immovable property to be transferred and also such other No objection Certificates, which are required to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, Order etc. issued by the State Government from time to time; Provided that all such No Objection Certificates shall be issued within a period of thirty days from the date of the receipt of application and in case No Objection Certificate is not issued within the stipulated period of thirty days, a speaking order with reasons thereof shall be issued to the applicant within the said stipulated period. 6. It is a statutory mandate under Section 21A of the Registration Act for the jurisdictional Deputy Commissioner to either issue a No Objection Certificate containing the description of the immovable property to be transferred or to pass a speaking order with reasons thereof within a period of thirty days from the date of receipt of the application in case NOC is not issued within the prescribed period of thirty days. 7. The Revenue and Disaster Management Department, Government of Assam has framed a Standard Operating Procedure [SOP] and the SOP has been notified vide a Notification dated 09.09.2025. The relevant excerpts from Page No.# 5/10 the Notification are quoted hereinunder :- Now therefore, the Governor of Assam is pleased to notify the following SOP for grant of No Objection Certificate [NOC] by the District Commissioner for Registration of Transfer of Land [Land Sale, Lease Gift etc.] under Section 21A of Registration Act, 1908 in cases where the buyers and sellers belong to different religious communities, as outlined below :- 1. An application for grant of NOC for Transfer of land shall be made by the applicant through SEWA SETU portal, to the office of the District Commissioner under whose jurisdiction the land is situated, with details on the reasons for sale and the value of transaction. 2. District Commissioner shall collect a report from the concerned Circle Officer on the veracity of the details submitted by the applicant. 3. District Commissioner, upon receipt of the report from Circle Officer shall forward the application to the Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department for examination of the comprehensive report. 4. The Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department will further seek a report from Special Branch [SB], Assam Police HQ, on the following points. a. Whether such transfer of land could be under undue threat, coercion or fraudulent means. b. Whether such transfer of land has the propensity to disturb peace and communal harmony in the area of proposed Land Transfer. c. Whether such land transfer could pose a threat to national security. d. Character & Antecedent report of buyer and seller. 5. Upon receipt of the report from Special Branch, the Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department shall forward the Page No.# 6/10 same to the District Commissioner concerned. 6. Subsequent to the receipt of the report of the Special Branch from the Nodal Officer, Inter Religion Land Sale permission, Revenue & D.M. Department, District Commissioner will take a decision to either call for further queries from the applicants, reject the proposal or issue NOC for such Land Transfer. 7. In the event that an application is not disposed within 30 days from the date of application, the District Commissioner will issue speaking order with reasons thereof to the applicant within the said stipulated period as per the provisions of Section 21A. 8. Both under Section 21A of the Registration Act, as amended, as well as in the SOP formulated by the State Government, by the Notification dated 09.09.2025, time period of thirty days from the date of application for processing of the application for issuance of the No Objection Certificate [NOC] has been prescribed. 9. The Assam Right to Public Services [ARPTS] Act, 2012 has been enacted by the Assam Legislative Assembly in order to provide for delivery of notified public services to the people of the State of Assam within the stipulated time limit and for matters connected therewith and incidental thereto. As per Section 2[h], 'Right to Public Service' means right to obtain the notified service under the ARTPS Act from time to time within the stipulated time limit as prescribed under Section 5. Section 5 of the ARTPS Act has laid down that every eligible person shall have the right to obtain the services in accordance with the ARTPS Act within the time bound period as notified under Section 4. It is the responsibility of the Designated Government Servant to deliver services, under Page No.# 7/10 Section 6 of the ARTPS Act, within the stipulated period. The stipulated time limit, as per Section 7[1], starts from the date when the application for obtaining a required notified service is submitted to the Designated Public Servant or to a person subordinate to him authorized to receive the application. As per Section 7[2], the Designated Public Servant on receipt of an application under sub-section [1] shall, within the stipulated time limit, provide the notified service or reject the application and in case of rejection of application, he shall record the reasons in writing and communicate to the person making the application, [i] the reasons for such rejection; [ii] the period within which an appeal against such rejection may be preferred; and [iii] the particulars of the Appellate Authority. An Order passed under Section 7[2] is an appealable order under Section 8 before the 1st Appellate Authority notified by the State Government. 10. Section 4 of the ARTPS Act has provided that the State Government may, from time to time, notify the services, Designated Public Servants, Appellate Authorities, Reviewing Authorities, User Charge, Stipulated Time Limits, and the area of the State to which the Act shall apply. 11. The Notification dated 11.11.2022 is on the subject : ‘Declaration of Service under Revenue & DM Department as per provision of the Assam Right to Public Services Act, 2012 in all Districts [except Sixth Scheduled Districts] of Assam’. The notification has been issued with a view to provide delivery of the following notified public service to eligible citizens within the stipulated time limit :- Page No.# 8/10 Subject : Declaration of Service under Revenue & DM Department as per provision of the Assam Right to Public Services Act, 2012 in all Districts [except sixth scheduled Districts] of Assam. With a view to provide the delivery to Public Service to eligible citizens within stipulated time limit, Revenue & DM Department in continuation of earlier Notification No. RSS.203/2022/1 dated 6th May 2022 has notified the below service under the Assam Right to Public Services Act, 2012. Service Name : Composite Land Service Transfer An important service provided by the Deputy Commissioner regarding Land Sale permission is 'NoC for Transfer of Immovable Property' under section 21[A] of the Indian Registration Act, 1908. However once NoC is issued by the O/o the Deputy Commissioner, applicant has to apply for Registration of the Scheduled land in Sub Registrar Office following separate applications for Mutation, Partition, Jamabandi etc. in the concerned Circle Office. 'Composite Land Sale Transfer intends for issuing No Objection Certificate for the Transfer of Immovable property at O/o Deputy Commissioner followed by Registration of Property at the Sub Registrar Office followed by auto mutation and auto Composite Land Sale Transfer Service with 'Auto Mutation' or 'Auto Mutation along with Partition' at the time of submitting the Application form. Eligibility criteria : Anyone in whose name figures in Jamabandi/Record of Rights or his/her legal heir/successor or his/her registered power of attorney holder is eligible to avail the service online. Designated Public Servant [DPS] : Deputy Commissioner/to the nominated by Deputy Commissioner. Page No.# 9/10 12. The Notification has further provided for procedural steps to be followed by the authorities involved in providing the notified public services. As per the Citizen Charter annexed to the Notification as Annexure-I, for the notified public service, 'Composite Land Sale Transfer', the District Commissioner [earlier, Deputy Commissioner] or the authority to be nominated by the District Commissioner [earlier, Deputy Commissioner] is the Designated Public Servant and the stipulated time limits for providing the services are mentioned as forty- five days. 13. A speaking order is one which expressly states the reasons for the decision. In other words, a speaking order speaks for itself by assigning the reasons behind the conclusion. It is implicit in the principles of natural justice and fair play that an authority which has been vested with the statutory power to decide the matter should record reasons as it is part of fair procedure, more particularly, when the decision is likely to affect the person concerned. In the case in hand, the right of the applicant is also traceable to Article 300A of the Constitution. Though the right provided in Article 300A is not fundamental right, but it is still a constitutional and human right. 14. As per the eligible criteria mentioned in the Notification dated 11.11.2022, anyone whose name figures in Jamabandi [Records of Rights] or his/her legal heirs/successors or his/her registered power of attorney holder is eligible to avail the service, ‘Composite Land Sale Transfer’. The Notification dated 11.11.2022 has mentioned that the Designated Public Servant, ‘Deputy Commissioner/to be nominated by Deputy Commissioner’. The documents required to be submitted with the application are also listed in the Notification. Page No.# 10/10 15. Mr. Bhattacharyya, learned Standing Counsel, Revenue & Disaster Management Department, Government of Assam on the basis of instructions he has received from the Department, has submitted that at present, the application under reference is being processed and the application would be disposed of as per the extant law and procedure within a period of twenty days. 16. Having regard to the fact situation that the respondent authorities have not brought the processing of the Application dated 18.12.2025 to a finality till date despite elapse of more than eight months since 18.12.2025, this writ petition is disposed of directing the respondent authorities to bring the entire process to finality in strict compliance of the statutory prescriptions contained in Section 21 of the Registration Act, as amended, and by adhering to the procedure outlined in the Notification dated 11.11.2022 and the Notification dated 09.09.2025 within a period of twenty days from the date of submission of a certified copy of this order at his office by the petitioner. 17. With the observations made and the directions given above, the writ petition is disposed of. 18. The Office Letter no. eCF. 848801/2026/3 placed by Mr. Bhattacharyya before this Court is kept with the case record. JUDGE Comparing Assistant Pallabi Das Digitally signed by Pallabi Das DN: c=IN, o=Personal, postalCode=781003, l=Kamrup, st=Assam, street=H/no113 , Silpukhuri, GMC Assam India 781003 Near Bank of india, title=7618, 2.5.4.20=01b493500a5bb45e0570c54eeae9ea4b6 7074cdaf44d001cf5b9dc43827e13ee, serialNumber=48f77e54522021039f8396a31b5bc 8bb8ae8a996b28b54ec23937ab4014046e1, email=daspalvi20@gmail.com, cn=Pallabi Das Date: 2026.10.01 15:26:59 +05'30'