WP(C)/5226/2026 of SRI BARUN KUMAR DEY Vs THE STATE OF ASSAM AND 4 ORS on 24 September 2026

ORDER

25.09.2026

Heard Mr. N. Sarma, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue and Disaster Management Department, Government of Assam for the respondent nos. 1 & 2; and Mr. H. Sarma, learned Additional Senior Government Advocate, Assam for the respondent nos. 3 & 4.

2. The case projected by the petitioner in this writ petition, in brief, is that a parcel of plot of land measuring 1 Bigha, covered by Dag nos. 76, 77 & 82 under 2nd R.S. Patta no. 11, situate at Mouza – Kushiarkul, Pargona – Jalalpur, Katigorah Revenue Circle, District – Cachar [‘the subject-plot’, for short] is owned by him along with his mother as the other co-owner.

2.1. It is averred that the subject-plot has been devolved upon the petitioner and his mother by way of inheritance after the death of his grandfather, Late Basanta Kumar Dey Laskar and his father, Bidhan Kumar Dey. After the death of Bidhan Kumar Dey, the petitioner and his mother being the legal heirs, applied for mutation of their names in respect of the subject-plot. The respondent no. 3 on 25.05.2026, issued a provisional Land Mutation

Certificate in favour of the petitioner and his mother in respect of the subject-plot stating that the provisional Land Mutation Certificate was issued for land transfer affairs only.

2.2. As the family of the petitioner is in need of money, it has been decided by the family to sale the subject-plot to a proposed purchaser, that is, the proforma respondent no. 5. To the effect, an Agreement for Sale of the subject-plot was executed on 29.04.2026.

2.3. Thereafter, the petitioner and the proposed purchaser applied for No a Objection Certificate [NOC] / Sale Permission before the respondent no. 3 on 12.05.2026 for transfer of the subject-plot by way of sale. The receipt of the said application was duly acknowledged by the office of the respondent no. 3.

3. The petitioner has averred that the Assistant Settlement Officer, Katigorah Revenue Circle submitted an Enquiry Report to the respondent no. 3 by an Office Letter dated 09.06.2026. As the outcome of the application for No Objection Certificate [NOC] / Sale Permission was not communicated to the petitioner, the petitioner submitted a Representation before the respondent authorities on 13.07.2026. As no communication has been received thereafter, the petitioner is before this Court by the present writ petition.

4. Both Ms. Bordoloi and Mr. Sarma appearing for the official respondents have submitted that as the petitioner has projected that his application, Application no. 768 dated 12.05.2026, for No Objection Certificate [NOC] / Sale Permission has not yet been disposed of, a direction may be given to the respondent authorities, more particularly, the respondent no. 3 to bring the process to a finality by taking into consideration the provisions of Section 21A of the Registration Act, 1908, as amended, within a definite period of time. They have submitted that a period of one month will be sufficient for the respondent no. 3 to dispose of the application in terms of Section 21A of the Registration Act, 1908, as amended.

5. Mr. Sarma, learned counsel for the petitioner has agreed to the above submission of the learned counsel for the State respondents.

6. 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 :- 21A. 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.

7. It is a statutory mandate under Section 21A of the Registration Act for the jurisdictional Deputy Commissioner to either issue a No Objection Certificate [NOC] 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.

8. It is an admitted position that the processing of the application, submitted on 12.05.2026, has not reached its finality till date despite elapse of more than four months since its submission. Therefore, instead of keeping this writ petition pending, this writ petition, in view of the statutory prescription contained in Section 21A of the Registration Act, is disposed of with a direction to the respondent authorities, more particularly, the respondent no. 3 to bring the entire process to its conclusion in strict compliance of the statutory prescription as expeditiously as possible, but within an outer limit of thirty days from the date of submission of a certified copy of this order at the office of the respondent no. 3 by the petitioner. JUDGE Comparing Assistant