Page No.# 1/6 GAHC010252282024 2026:GAU-AS:2732 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6382/2024 SAMSUL ISLAM LASKAR S/O- LATE RAHIM UDDIN LASKAR, R/O-VILL. KAZIDHAR PART-1, COLLEGE ROAD, P.O.- KAZIDHAR, DIST.- CACHAR (ASSAM). VERSUS THE STATE OF ASSAM AND 4 ORS TO BE REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF REVENUE, DISPUR, GUWAHATI-6. 2:THE DEPUTY SECRETARY REVENUE AND DM DEPARTMENT (REGISTRATION) BRANCH DISPUR GUWAHATI-6. 3:THE DISTRICT COMMISSIONER CACHAR. 4:THE SUB-REGISTRATION (REGN.) PALONGHAT DIST.- CACHAR. 5:THE AREA MANAGER STOCK HOLDING CORPORATION OF INDIA LIMITED MANIRAM DEWAN LANE ULUBARI GUWAHATI Page No.# 2/6 Advocate for the Petitioner : MR. J LASKAR, Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 20-02-2026 Heard Mr. J. Laskar, learned counsel for the petitioner; Mr. S. Dutta, learned Standing counsel, Revenue [Registration] & Disaster Management Department for the respondent nos. 1 & 2; and Ms. U. Das, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 & 4. 2. This writ petition under Article 226 of the Constitution of India is preferred by the petitioner seeking inter alia a direction in the nature of mandamus to the respondent authorities to grant a stamp vendor license in his favour. 3. The petitioner has projected that he, as an educated unemployed person, submitted an application on 14.10.2022 before the Additional District Commissioner, Cachar for issuance of a stamp vendor license. Upon receipt of the application, the Additional District Commissioner, Cachar wrote to the Sub- Registrar, Palonghat to furnish his comments/views as regards issuance of a stamp vendor license to the applicant-petitioner. The Sub-Registrar, Palonghat responded vide an Office Letter dated 05.04.2023 to the Additional Deputy Commissioner, Cachar stating that the application was also submitted by the petitioner to the Minister of Revenue, Government of Assam. As regards the position of stamp vendors within his jurisdiction, the Sub-Registrar, Palonghat Page No.# 3/6 stated that the nos. of deeds registered at the office of the Sub-Registrar, Palonghat during the period from 01.01.2022 to 31.12.2022 was 1591. The Sub- Registrar, Palonghat mentioned that the application of the petitioner could be approved by the higher authority. Thereafter, the Additional Deputy Commissioner, Cachar wrote to the Government in the Revenue & Disaster Management [Registration] Department on 16.08.2023 vide an Office Letter of even date stating inter alia that the application of the petitioner, enclosed therewith, be given consideration, as per the provisions applicable, for issuance of e-stamp vendors license. 4. Affidavits-in-opposition are filed by the respondent nos. 1 – 4. In the affidavits-in-opposition filed by the Revenue [Registration] & Disaster Management Department, it is mentioned that the existing physical stamp license holder vendors are only eligible for e-stamp vendor licenses. The process of issuing e-stamp licenses to vendors have been stopped temporarily due to complete roll out of e-stamps and all District Registrars-cum-District Commissioners have been directed to renew only the licenses of those stamp vendors who distribute digital non-judicial stamps. It is further averred that a process has been envisaged for issuing e-stamp licenses to all vendors who have licenses for physical stamps with the approval of the competent authority. 5. By a notification dated 21.02.2024, the State Government in the Revenue [Registration] & Disaster Management Department has ordered all District Registrars-cum-District Commissioners, Assam to renew the stamp vendor licenses of only those vendors who distributed digital non-Judicial stamps. It has been notified that those stamp vendors who had not migrated to e-stamp Page No.# 4/6 platform would not get renewal of their licenses as sale of physical non-judicial stamps was stopped w.e.f. 01.10.2023. 6. The Indian Stamp Act, 1889 was enacted to consolidate and amend the law relating to stamps. Under Section 74 of the Indian Stamp Act, 1889, the State Government had power to make rules relating to sale of stamps and to regulate the same. 7. In exercise of powers conferred by Section 74 of the Indian Stamp Act, 1889, a set of rules was framed by the State Government for regulating the supply and sale of stamps and stamp papers vide a Notification no. 7335-M dated 26.10.1908. The learned counsel for the parties have not been able to place any subsequent rules and/or amendments in the matter of regulation of supply and sale of stamp papers. 8. The rules, mentioned above, had provided that the stamps could only be sold to the public through licensed vendors in the manner prescribed therein. Rule 3 mentioned about licensed vendors. As per Rule 3, such persons as may be licensed by the District Officers or subject to the control of District Officers by Sub-Divisional Officers shall be licensed vendors, and shall sell to the public such stamps as are indicated in their licenses. In licenses, the name of the licensee, the description of stamps which could be sold under the license, the place of vend, and such other matters as necessary were to be mentioned and the license could be revoked at any time by the authority granting it. 9. The issuance of licenses to vend stamps are dependent on host of factors Page No.# 5/6 like the business in the district/sub-division, the extent of accessibility of stamps to the public, sufficiency or insufficiency of the number of licenses, etc. 10. The petitioner has not been able to show any legal right in that the application submitted by him for the issuance of stamp vendor license is to be considered and accepted irrespective of the prevalent position in the concerned areas/sub-division/district. Mere forwarding of his application by the Additional Deputy Commissioner, Cachar to the State Government in Revenue & Disaster Management [Registration] Department would not create any vested right in him to seek a direction in the nature of mandamus, as sought for in this writ petition. 11. From the stand of the State Government in the Revenue & Disaster Management [Registration] Department, it is evident that presently, the State Government is allowing only the existing stamp vendors to migrate to e-stamp platform with renewal of their licenses. Those stamp vendors who do not want to migrate to e-stamp platform would not get their stamp vendor license renewed. Furthermore, sale of physical non-judicial stamps through vendors has been stopped on and from 01.10.2023. 12. A writ of mandamus can be issued in favour of a person who has been able to establish an enforceable legal right and it can be issued against the State or an authority which having a corresponding legal duty to perform, has failed or has neglected to do so. 13. In the above obtaining facts and circumstances and in view of failure on Page No.# 6/6 the part of the petitioner to show any enforceable legal right to him to get a license issued for selling stamps under the relevant rule, no direction in the nature of mandamus, as sought for by the petitioner, can be issued. Therefore, this Court as no option but to close the writ petition. JUDGE Comparing Assistant