Saniwara Begum Vs the State of Assam and 2 Ors.

Heard Mr. K. U. Ahmed, learned counsel for the petitioner. Also heard Mr. A. Bhattacharjee, learned Standing Counsel, Revenue Department, for respondent No. 1, and Mr. N. Das, learned State Counsel for respondent Nos. 2 & 3.

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2. By filing this writ petition, the petitioner has prayed for a direction to the respondent authorities, particularly the Circle Officer, Barnagar Revenue Circle, to mutate his name in the land records of rights against the plot of land measuring 2 Bigha 4 Katha 12 Lechas covered by Dag No. 845 under K.P. Patta No. 136 situated at revenue village Khairabari, Mouza, Gobardhana under Barnagar Revenue Circle in the District of Barpeta.

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3. The petitioner contends that he has purchased a plot of land measuring 2 Bigha 4 Katha 12 Lechas covered by Dag No. 845 under K.P. Patta No. 136, along with Assam Type House standing thereon, from one Smti Rani Bala Basak, a resident of Ward No. 15, P.O. & P.S. Barpeta District, for a consideration of Rs. 29,70,000/-. Thereafter, an application was filed before the Sub-Registrar Office, Sorbhog, for spot verification and issuance of a valuation certificate and accordingly, a valuation certificate dated 07.11.2022 was issued in respect of the land and house. The sale deed was registered on 17.11.2022 vide Sl. No. 956 and Registered Deed No. 847 and the khas possession was handed over to the

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petitioner.

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4. After execution of the registered sale deed, the petitioner applied for mutation of the aforesaid land in his name in the land record of rights through Sewa Setu, Assam, on 08.09.2024 vide online Acknowledgement No. RTPS/MUTD/2025/4049730. Although the online acknowledgement indicated that the service would be rendered within a period of 60 days, the petitioner's name has not been mutated in the record of rights till date.

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5. It is contended that surprisingly respondent No. 3 has rejected the mutation application by an order dated 01.12.2025 on the ground that a No Objection Certificate (NOC) from the office of the Deputy Commissioner has not been furnished and accordingly, it was shown that the First Appeal was Auto Escalated by the system on 02.12.2025. Thereafter, the petitioner submitted an application before the Commissioner and Secretary, Revenue and Disaster Management Department, Government of Assam, against the rejection of mutation application by the respondent No. 3 on the ground that no such NOC is required under the applicable provisions of law.

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6. Mr. K. U. Ahmed, learned counsel for the petitioner, submits that since the petitioner has purchased the land in question and the sale deed has been duly registered as well as all the requisite documents, having been submitted for mutation in his name, the rejection of the mutation application on the ground of non-submission of NOC is illegal as there is no requirement of submission of NOC as per the relevant provisions of law, that too by mechanically indicating Auto Escalated which violates the principle of natural justice as there was no

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proper hearing to the petitioner. He submits that the respondent authorities are sitting over the Second Appeal and no steps have been initiated to hear the Second Appeal filed by the petitioner.

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7. Mr. N. Das, learned State Counsel, referring to the affidavit filed by the respondent No. 2, submits that as per the provision of Section 21A of the Registration (Assam Amendment) Act, 2009, the deed of registration of agricultural land without NOC is restricted and the land in question is an Agricultural Class-II and therefore, mutation application was cancelled by the Circle Officer in accordance with provisions of law. However, he fairly submits that if an appeal preferred by the petitioner is pending before the competent authority, the same ought to be considered in accordance with law.

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8. I have considered the submissions advanced by the learned counsel for the parties and perused the materials available on record.

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9. It is not in dispute that the petitioner has purchased land measuring 2 Bigha 4 Katha 12 Lechas covered by Dag No. 845 under K.P. Patta No. 136 for consideration of Rs. 29,70,000/-, including one Assam Type House standing thereon. Thereafter, valuation certificate was issued and accordingly, the sale deed was duly registered.

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10. The issue which engaged attention of this Court and in fact raised by the petitioner is to the effect that the respondent authorities has failed to consider the Second Appeal against the rejection of the mutation application, as it would be incumbent upon the appellate/appropriate authority to consider the appeal as the relevant provision of law provides the remedy of an appeal against the

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rejection of the mutation application.

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11. Having considered that the respondent authorities are incumbent upon to hear and consider the appeal against the rejection of the mutation application filed by the petitioner in terms of the provision of applicable rules as the petitioner is entitled to be heard by following the principle of natural justice, I deem it appropriate to dispose of this writ petition with a direction to the respondent authorities, particularly the respondent No. 1, the Commissioner and Secretary, Revenue and Disaster Management Department, Government of Assam, to take up the Second Appeal filed by the petitioner and dispose of the same by providing an opportunity of being heard to the petitioner, in accordance with law. In the event it is found that no such appeal is available on record, the petitioner shall be at liberty to file a fresh appeal within a period of 15 (fifteen) days from today, which shall also be considered and disposed of in accordance with law. It is ordered accordingly.

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12. The exercise directed herein above shall be completed within a period of 2 (two) months from the date of receipt of a certified copy of this order.

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13. Writ petition stands disposed of in terms above.

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JUDGE

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Comparing Assistant

Saniwara Begum v. the State of Assam and 2 Ors.

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Saniwara Begum v. the State of Assam and 2 Ors.

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