Gauhati High Court
WP(C)/4744/2026 of HIMADRI SAIKIA AND ANR Vs THE STATE OF ASSAM AND 2 ORS on 1 September 2026
GAHC010176062026 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4744/2026 HIMADRI SAIKIA AND ANR D/O. MOHAN SAIKIA, R/O. UHANI PATHAR, BATABARI, P.O. GHORAMARI, P.S. TEZPUR, DISTRICT SONITPUR, ASSAM. PIN CODE 784105 2: RAMJAN
GAHC010176062026
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4744/2026
HIMADRI SAIKIA AND ANR
D/O. MOHAN SAIKIA, R/O. UHANI PATHAR, BATABARI, P.O. GHORAMARI, P.S. TEZPUR, DISTRICT SONITPUR, ASSAM. PIN CODE 784105
2: RAMJAN ANSARI
S/O. AKHTAR ANSARI
R/O. 1 NO. DOLABARI
P.O. AND P.S. TEZPUR
DISTRICT SONITPUR
ASSAM. PIN CODE 78402
VERSUS
THE STATE OF ASSAM AND 2 ORS
THROUGH THE COMMISSIONER AND SECRETARY, TO THE GOVERNMENT
OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI 781006
2:THE DISTRICT COMMISSIONER
SONITPUR
TEZPUR DISTRICT SONITPUR
ASSA. PIN CODE 784001
3:THE SUB REGISTRAR AND DISTRICT MARRIAGE OFFICER SONITPUR
TEZPUR
DISTRICT SONITPUR
ASSAM. PIN CODE 78400
Advocate for the Petitioner : MD. I HUSSAIN, Advocate for the Respondent : GA, ASSAM, SC, REVENUE
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
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ORDER
Date : 02.09.2026
Heard Mr. I. Hussain, learned counsel for the petitioners; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department, Government of Assam for the respondent no. 1; and Mr. N. Das, learned Junior Government Advocate, Assam for the respondent nos. 2 & 3.
2. The petitioners have approached this Court after they were not extended delivery of the notified public service, ‘Application for Marriage Registration’.
3. From the materials on record, it is noticed that the application for intended marriage under the provisions of the Special Marriage Act, 1954 was submitted on 26.03.2026. Acknowledging receipt of the application, the citizen platform, Sewa Setu generated Acknowledgement no. RTPS-MRG/2026/4168021. The petitioners, thereafter, tracked the status of processing of their application in the portal, Sewa Setu. The notified public service was to be delivered within a period of 90 working days and if delivery was not made, it was open to file an appeal for the services notified under the Assam Right to Public Services Act, which was 30 days after expiry of 90 days. On 90 working days, the status of the application was shown as ‘query made’, meaning thereby, the delivery of the notified public service was not made within the stipulated delivery period. No appeal was preferred within the time period of limitation of 30 days.
4. The learned counsel for the parties have referred to Section 14 of the Special Marriage Act wherein the parties to an intended marriage can file the application afresh if marriage is not solemnised within three months from any earlier application.
5. In the above view of the matter, Mr. Hussain, learned counsel for the petitioners has submitted that the petitioners will file a fresh application for intended marriage for delivery of the notified public service, ‘Application for Marriage Registration’ in terms of the procedure laid down in an Office Memorandum no. RRG.12/2012/100 dated 12.04.2013. He has submitted that the petitioners be granted liberty to approach again in the event there is any inaction on the part of the designated public servant to extend the notified public service as per the provisions of the Special Marriage Act; the Assam Right to Public Services Act, 2012; and the Office Memorandum dated 12.04.2013. Closing this writ petition at this stage, liberty stands reserved to the petitioners, as sought for.
JUDGE Comparing Assistant