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2026 DAILYLAW 3829 (GAU)

DEBAKANTA DAS AND 8 ORS v. THE STATE OF ASSAM AND 4 ORS

WP(C)/99/2026 · 2026-03-31

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/5 GAHC010273722025 2026:GAU-AS:4806 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/99/2026 DEBAKANTA DAS AND 8 ORS S/O LATE KINARAM DAS, R/O GOTANAGAR, SATI JOYMOTI NAGAR, P.O. - GOTANAGAR, DIST- KAMRUP METRO, ASSAM, PIN-781033 2: INDRAJIT DAS S/O LATE KINARAM DAS R/O GOTANAGAR SATI JOYMOTI NAGAR P.O. - GOTANAGAR DIST- KAMRUP METRO ASSAM PIN-781033 3: MRS LATIKA DAS W/O LATE PRABIN DAS R/O GARAL BARUAPARA P.O.-BHATTAPARA P.S.- AZARA DIST- KAMRUP METRO ASSAM PIN- 781017 4: DURNADHAR DAS S/O LATE BHABEN DAS R/O BARUAPARA GARAL P.O. - AZARA MOUZA- RAMCHARANI P.S. AZARA DIST- KAMRUP ASSAM PIN-781017 5: MRS SADHANA DAS Page No.# 2/5 W/O LATE BHABEN DAS R/O BARUAPARA GARAL P.O. - AZARA MOUZA- RAMCHARANI P.S. AZARA DIST- KAMRUP ASSAM PIN-781017 6: MRS NALINI DAS W/O LATE JOGESH DAS @ LATE JUDDHARAM DAS R/O BARUAPARA GARAL P.O. - AZARA MOUZA- RAMCHARANI P.S. AZARA DIST- KAMRUP ASSAM PIN-781017 7: DIPJYOTI DAS S/O LATE JOGESH DAS @ LATE JUDDHARAM DAS R/O BARUAPARA GARAL P.O. - AZARA MOUZA- RAMCHARANI P.S. AZARA DIST- KAMRUP ASSAM PIN-781017 8: MRIGEN DAS SO LATE JOGESH DAS @ LATE JUDDHARAM DAS R/O BARUAPARA GARAL P.O. - AZARA MOUZA- RAMCHARANI P.S. AZARA DIST- KAMRUP ASSAM PIN-781017 9: MRS DULUMANI KALITA D/O LATE JOGESH DAS @ LATE JUDDHARAM DAS R/O BARUAPARA GARAL P.O. - AZARA Page No.# 3/5 MOUZA- RAMCHARANI P.S. AZARA DIST- KAMRUP ASSAM PIN-78101 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF ASSAM, DISPUR, GUWAHATI- 781006 2:THE DEPARTMENT OF REVENUE AND DISASTER MANAGEMENT GOVERNMENT OF ASSAM REPRESENTED BY THE ADDL. CHIEF SECRETARY TO THE GOVT. OF ASSAM DISPUR GUWAHATI-781006 3:THE DISTRICT COMMISSIONER KAMRUP METROPOLITAN DISTRICT HENGERABARI GHY-36 4:THE CO-DISTRICT COMMISSIONER JALUKBARI CO-DISTRICT JALUKBARI GHY-14 5:THE CIRCLE OFFICER AZARA REVENUE CIRCLE AZARA GHY-1 For the Petitioner(s) : Mr. D. Bhatta, Advocate For the Respondent(s) : Mr. N. Das, Govt. Advocate Mr. A. Bhattacharyya, SC, Revenue Page No.# 4/5 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 01.04.2026 Heard Mr. D. Bhatta, the learned counsel appearing on behalf of the petitioners. Mr. N. Das, the learned counsel appears on behalf of the District Administration and Mr. A. Bhattacharyya, the learned counsel appears on behalf of the Revenue Department of the Government of Assam. 2. The petitioners have approached this Court being aggrieved by the delay in correction of the mutation records pertaining to the land of the petitioners for which the petitioners could not submit the application for obtaining the NOC/Sale Permission for the sale of the land. 3. It has been brought to the attention of this Court that in the meanwhile, the correction has been made and the petitioners thereafter had submitted the application on 23.02.2026 which is apparent from a perusal of the order dated 25.02.2026 of the learned Coordinate Bench of this Court. 4. Considering the above, in the opinion of this Court, there is no live cause of action exists as regards the delay in correction of the mutation records. In that view of the matter, the instant petition Page No.# 5/5 stands closed. However, it is observed that in the circumstance, the petitioners are aggrieved by the outcome of the application filed on 23.02.2026 seeking NOC/Sale Permission, the petitioners would be at liberty to approach the appropriate forum including this Court, if so advised. 5. Before parting with the record, this Court however finds it pertinent to observe that it is the mandate of Section 21A of the Registration Act, 1908 in so far as the same is applicable to the State of Assam that if such an application is filed seeking NOC/Sale Permission, the same has to be disposed of within a period of 30 days. 6. This Court observes that taking into account that the petitioners have now filed the application on 23.02.2026, the Respondent Authorities shall do the needful in that regard. JUDGE Comparing Assistant