Gauhati High Court
WP(C)/1385/2026 of DILIP KUMAR NATH Vs THE STATE OF ASSAM AND 3 ORS. on 14 July 2026
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.
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
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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
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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.
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