Disposed

Naba Kumar Gogoi and Anr. v. the State of Assam and 3 Ors.

Gauhati HC5 Apr 2022WP(C)/2477/2022

Case brief

AI extract

What is this about?

The petitioner challenged the non-acceptance of an application for a no objection certificate under Section 21(A) of the Registration Act, 1908. The Court directed the Deputy Commissioner to consider such applications within 30 days.

What did the court decide?

Court disposed of the petition with direction to Deputy Commissioner to consider the application and issue certificate within 30 days.

Naba Kumar Gogoi and Anr. Vs the State of Assam and 3 Ors. — Property and Title | Gauhati HC (2022)

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GAHC010060442022

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2477/2022

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NABA KUMAR GOGOI AND ANR S/O LATE PADMADHAR GOGOI, R/O DHARIA GAON, P.O.-DIGHALIA, P.S.TENGAKHAT, DIST-DIBRUGARH, ASSAM, PIN-786103

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2: MRS NAZRANA LASKAR W/O F LASKAR R/O M/S CDS PRESTIGE TOWER BLOCK-II P.O.-KHANAPARA P.S.-DISPUR GUWAHATI-781022 DIST-KAMRUP(M) ASSA

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VERSUS

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THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR, GUWAHATI, PIN-781006

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT. DISPUR GUWHATI-781006 3:THE DEPUTY COMMISSIONER KAMRUP(M) GUWAHATI PIN-781001 4:THE CIRCLE OFFICER/SUB DEPUTY COLLECTOR DISPUR REVENUE CIRCLE GUWAHATI DIST-KAMRUP(M)

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ASSA

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Advocate for the Petitioner : MR. I CHOUDHURY

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Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

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ORDER

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Date : 05.04.2022

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Heard Mr. I Choudhury, learned counsel for the petitioner and Mr. B Deuri, learned counsel for respondent Nos.1, 3 and 4. Also heard Mr. R Borpujari, learned standing counsel, Revenue Department appearing for respondent No.2.

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The case of the petitioner is that the petitioner No.1 is the owner of a plot of land measuring measuring 1 katha, 10 lechas covered by Dag No.389 (old)/923/925 (new) of KP patta No.90 (old)/288 (new) of Revenue village – Dwarandha, Mouza – Beltola in the district of Kamrup (M) Assam.

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On account of financial difficulties, the petitioner entered into an agreement for sale with the petitioner No.2 on 01.12.2019. The petitioner thereupon obtained the necessary documents which are required to be filed for obtaining the sale permission which are the no litigation certificates, non-encumbrance certificate etc.

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The learned counsel for the petitioner submits that the petitioner thereupon along with the said documents went to file the said application seeking no objection under Section 21(A) of the Registration Act, 1908 insofar as the same is applicable to the State of Assam before the Office of the respondent No.3 but the said office of

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the respondent No.3 refused to accept the same. Thereupon the petitioner had submitted two representations before the Office of the Deputy Commissioner, Kamrup (M) as well as before the Sub Deputy Collector, Dispur Revenue Circle. It is on account of non-acceptance of the application for seeking no objection certificate the petitioner is before this Court under Article 226 of the Constitution of India.

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I have heard the learned counsel for the petitioner as well as Mr. R Borpujari, learned Standing counsel, Revenue Department and Mr. B Deuri, learned counsel for respondent Nos.1, 3 and 4. I have also given my anxious considerations to the matter.

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A perusal of the writ petition shows that though the petitioner had mentioned various dates on which the petitioner had obtained the various certificates but surprisingly the petition is completely vague, as to whom the petitioner had approached as well as the date on which the petitioner had approached. A vague statement has been made in paragraph No.9 that the petitioner went to apply for sale permission in the month of December, 2019 and since then he has been running from pillar to post.

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It is the specific contention of the learned counsel for the petitioner that the office of the Deputy Commissioner had not accepted the application. On the ground that there are certain pending litigations as verbally informed although as per the petitioner from the no litigation certificates which the petitioner had obtained there is no pendency of any litigation in respect to the land in question.

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At this stage Mr. R Borpujari, learned standing counsel, Revenue

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Department submits that when an application is being filed seeking No Objection under Section 21(A) of the Registration Act, 1908, a number is allotted, however, the said number had been conspicuously not mentioned which belies the stand of the petitioner. He further submits that in recent times, the said application need not only be submitted manually but can also be submitted through online mode and there is no statement in the petition as to why till date the petitioner had not even availed filing of the said application through online mode.

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Taking into consideration that the right to property though may not be a fundamental right but it is a constitutional right and a person who owns the property has also the right to sell the property, this Court is of the opinion that the petitioner who claims to be the owner of the property in question has a right to approach the Office of the Deputy Commissioner by making application in the manual mode or through the online mode. Consequently, this Court therefore disposes of the instant writ petition with observation and direction that if the petitioner files an application either by way of a manual mode or through the online mode, the Office of the Deputy Commissioner shall duly consider the same in terms with Section 21(A) of the Registration Act, 1908 insofar as the same is applicable to the State of Assam and thereupon issue appropriate no objection certificate within a period of 30 days from the date of such filing and if it refuses to do so, the same shall be done by passing a speaking order.

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With the above observation, the instant petition stands disposed

of.

JUDGE

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Comparing Assistant

Naba Kumar Gogoi and Anr. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

Naba Kumar Gogoi and Anr. v. the State of Assam and 3 Ors.

Case brief

What is this about?

What did the court decide?

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