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2026 DAILYLAW 9446 (GAU)

DILIP KUMAR NATH v. THE STATE OF ASSAM AND 3 ORS.

WP(C)/1385/2026 · 2026-07-14

Devashis Baruah

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC010121442026 2026:GAU-AS:9671 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1385/2026 DILIP KUMAR NATH S/O NISHI KANTA NATH R/O VILL- UDMARI PT-III P.S.- BILASIPARA DIST- DHUBRI ASSAM PIN-783348 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT DISPUR GUWAHATI-06 2:THE DISTRICT COMMISSIONER DHUBRI ASSAM PIN-783301 3:THE CIRCLE OFFICER BILASIPARA REVENUE CIRCLE DIST- DHUBRI ASSAM PIN-783348 4:THE SUB REGISTRAR BILASIPARA ASSAM PIN-783348 ------------ Page No.# 2/3 For the Petitioner(s) : Mrs. S. Roy, Advocate For the Respondent(s) : Mr. H.K. Hazarika, Jr. Govt. Advocate Ms. G. Hazarika, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 15.07.2026 Heard Mrs. S. Roy, the learned counsel appearing on behalf of the petitioner. Ms. G. Hazarika, the learned Standing Counsel appears on behalf of the Revenue Department and Mr. H.K. Hazarika, the learned Junior Government Advocate appears on behalf of respondent Nos. 2, 3 and 4. 2. The present writ petition has been filed by the petitioner being aggrieved by the inaction on the part of the respondent authorities in granting sale permission for the transfer of the petitioner's land pursuant to the application vide Acknowledgement No. NOC/02/58660/2026 dated 03.02.2026. 3. Pursuant to the issuance of notice, it has come to the knowledge of the petitioner that the petitioner's application seeking sale permission dated 03.02.2026 had been rejected. Under such circumstances, the rejection of the said application raises a fresh cause of action. Page No.# 3/3 4. The learned counsel appearing on behalf of the petitioner, therefore, submitted that the petitioner may be permitted to withdraw the instant writ petition without prejudice to the petitioner's claim in the instant writ petition, so as to enable the petitioner to challenge the subsequent and fresh cause of action. 5. Accordingly, the instant writ petition stands closed on withdrawal. 6. It is observed that the withdrawal of the instant writ petition shall not prejudice the claim of the petitioner in the instant writ petition. It is further observed that the petitioner shall be at liberty to challenge the order rejecting the petitioner's application dated 03.02.2026 by filing a separate writ petition, if so advised. JUDGE Comparing Assistant