Gauhati High Court
Administrative and Public LawProperty and Real Estate Law

Deputy Commissioners Must Issue Land-Transfer NOCs or Speaking Orders Within the Statutory Time Limit.

Parbin Sultana Ahmed vs The State Of Assam And 3 Ors

Gauhati High CourtJUDGMENT: September 24, 20262 MIN READSOURCE JUDGMENT
Deputy Commissioners Must Issue Land-Transfer NOCs or Speaking Orders Within the Statutory Time Limit.. Parbin Sultana Ahmed vs The State Of Assam And 3 Ors. Gauhati High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner, a proposed purchaser, stated that the six joint owners of a 2-katha-8.5-lessa plot agreed to sell the property and applied online for the notified service “Composite Land Sale Transfer” on 18 December 2025.

Source reference: p. 2–3

The application remained pending; the petitioner learned that it had been forwarded by the District Commissioner to the Revenue and Disaster Management Department, where it had not progressed.

Source reference: p. 2–3

The State submitted that the application was being processed and would be disposed of within twenty days.

Source reference: p. 10
02

Issues

Whether the authorities could leave an application for a No Objection Certificate (“NOC”) and the related notified service pending beyond the prescribed period without issuing a decision or a reasoned order.

Source reference: p. 3–6, 9

Whether the authorities should be directed to complete the pending process in accordance with the governing statutory and administrative requirements.

Source reference: p. 10
03

Law Applied

Section 21A of the Registration Act, 1908, as amended in Assam, requires the competent authority to issue the NOC—or, if it is not issued, to provide a speaking order with reasons—within thirty days of receiving the application.

Source reference: p. 3–4

The State’s SOP dated 9 September 2025 prescribes the process for applications involving transfers between persons of different religious communities and reiterates the thirty-day requirement for disposal or a reasoned order.

Source reference: p. 4–6

Under the Assam Right to Public Services Act, 2012, an eligible person has a right to obtain a notified service within the stipulated time; the designated public servant must provide the service or reject the application with written reasons and information about appeal rights.

Source reference: p. 6–7

The notification dated 11 November 2022 identifies “Composite Land Sale Transfer” as a notified service, designates the Deputy Commissioner or nominee as the responsible public servant, and prescribes a forty-five-day service timeline.

Source reference: p. 7–9
04

Reasoning

The application had remained unresolved for more than eight months, notwithstanding the statutory and notified time limits.

Source reference: p. 10

The Court held that the authorities were required to bring the matter to a decision rather than leave it pending, and considered the Department’s undertaking that it would dispose of the application within twenty days.

Source reference: p. 10

It therefore directed completion of the process in accordance with Section 21A, the 11 November 2022 notification, and the 9 September 2025 SOP, without deciding the merits of the proposed transfer.

Source reference: p. 4–6, 10
05

Holding

The writ petition was disposed of with a direction to the respondent authorities to bring the application process to finality within twenty days from submission of a certified copy of the order, while complying with the applicable statutory and notified procedures.
06

Acts & Sections Cited

1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.

Registration Act, 19081

Gauhati High Court

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Parbin Sultana AhmedvsThe State Of Assam And 3 Ors

Gauhati High Court · September 24, 2026

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