Gauhati High Court
Page No.# 1/6 vs The State Of Assam And 4 Ors on 25 November, 2025
Author: Devashis Baruah
Bench: Devashis Baruah
Page No.# 1/6
GAHC010178372025
2025:GAU-AS:16234
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/4548/2025
M/S B.B. CONSTRUCTION AND ANR ,
A PROPRIETORSHIP FIRM HAVING ITS OFFICE AS RANGIA DE RESERVE,
P.O. MERBIL, HARMUTI, LAKHIMPUR, ASSAM, PIN 784160 REPRESENTED
BY SHRI MANOJ KR. BORAH.
2: MANOJ KR. BORAH
S/O SHRI THANESWAR BORAH
R/O VILL. PHANDIBARI P.O. DIKRONG
P.S. NARAYANPUR
DIST. LAKHIMPUR
ASSAM
PI
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
ASSAM, REVENUE AND DISASTER MANAGEMENT DEPTT., DISPUR,
GUWAHATI 6, ASSAM.
2:THE DIST. COMMISSIONER
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM
PIN
3:THE ADDITIONAL DIST. COMMISSIONER (REVENUE)
LAKHIMPUR
NORTH LAKHIMPUR
ASSAM
PIN
4:THE CIRCLE OFFICER
Page No.# 2/6
BIHPURIA REVENUE CIRCLE
LAKHIMPUR
ASSAM
PIN
5:THE DIVISIONAL FOREST OFFICER
LAKHIMPUR DIVISION
NORTH LAKHIMPUR
ASSAM
PIN
6:THE RANGE OFFICER
HARMOTI RANGE OFFICE
HARMOTI
LAKHIMPUR
ASSAM
PI
BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
For the Petitioner(s) : Mr. K. N. Choudhury, Sr. Advocate
: Mr. N. J. Khataniar, Advocate
For the Respondent(s) : Mr. R. Borpujari, SC, Revenue
: Ms. U. Das, Addl. Sr. GA, Assam
: Mr. K. P. Pathak, SC, Forest
· Date on which Judgment was reserved : N/A
· Date of Pronouncement of Judgment : 25.11.2025
· Whether the pronouncement is of
the Operative Part of the Judgment : No
· Whether the full Judgment has been
Pronounced : Yes
Page No.# 3/6
JUDGMENT AND ORDER (ORAL)
Heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr.
N. J. Khataniar, the learned counsel appearing on behalf of the Petitioners
and Mr. R. Borpujari, the learned Standing counsel appearing on behalf of
the Revenue and Disaster Management Department. I have also heard Ms.
U. Das, the learned Additional Senior Government Advocate appearing on
behalf of the District Administration and Mr. K. P. Pathak, the learned
Standing counsel appearing on behalf of the Forest Department.
2. The present writ petition has been filed by the Petitioners assailing the
inactions on the part of the Respondent Authorities in not issuing the
NOC/Permission for registration of the Lease Deed in respect to a plot of
land admeasuring 7 Bigha 0 Katha 0 Lecha covered by Dag No.322 and P.P.
No.98 of Ranga De-Reserve under Bihpuria Revenue Circle and further
seeking a writ in the nature of mandamus directing the District
Commissioner, Lakhimpur to issue NOC/permission in favour of the
Petitioners and the landowner for registration of lease deed.
3. The materials on record reveal that the Petitioners in order to install
Stone Crusher Unit applied for permission by submitting required documents
under the Assam Stone Crusher Establishment and Regulation Rules, 2013
(for short 'the Rules of 2013'). As it is the mandate of the Rules of 2013 that
a Stone Crusher Unit shall be established on a land owned by the promoter
or on such land taken on lease or agreement for at least 10 years by the
promoter, the Petitioners entered into an agreement with one Shri Gopal Das
who is the owner and possessor of a plot of land admeasuring 7 Bighas
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covered by Periodic Patta No.98 pertaining to Dag No.322 situated at Ranga
De-Reserve Revenue Village Map under Laluk Mouza on 09.10.2017. The
said lease was for a period of 30 years. However, in view of Sections 17 and
49 of the Registration Act, 1908 read with Section 107 of the Transfer of
Property Act, 1882, the lease deed which is required to be entered into in
respect to the said land has to be a registered document. Under such
circumstances, the lessor of the Petitioners had submitted an application on
11.02.2023 for obtaining the permission in terms with Section 21A of the
Registration Act, 1908 insofar as the same is applicable to the State of
Assam. The said permission was not granted in spite of various
correspondences for which the Petitioners have approached this Court by
filing the present writ petition.
4. This Court vide an order dated 13.08.2025 issued notice. Pursuant
thereto, an affidavit-in-opposition has been filed by the Respondent No.2. In
the said affidavit-in-opposition, the stand which has been taken is that the
Ranga De-Reserve is a Non-Cadastral Village under Laluk Mouza and as the
land measuring 2407 Bighas 0 Katha 15 Lechas were de-reserved from the
Ranga Reserve Forest vide Government Order dated 12.03.1972 for
settlement of flood affected people, no survey of the villages and the
mapping with improvised technology in the village areas as well as cadastral
survey of the Ranga De-Reserve NC village have been undertaken due to a
border district of Assam and Arunachal Pradesh as the said village shares
inter-State boundary with Arunachal Pradesh.
5. This Court heard the learned counsels appearing on behalf of the
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parties on the question as to whether without there being a cadastral survey
carried out, can a person be denied the permission to sale and purchase a
plot of land more particularly when it is a Constitutional Right under Article
300A of the Constitution.
6. It is seen from the materials on record more particularly Annexures A
to C of the writ petition that the father of Shri Gopal Das i.e. Late Sondhan
Das was the pattadar of the plot of land which is to be leased out to the
Petitioners. Nothing could be shown that if there is no cadastral survey being
carried out, the authority in terms with Section 21A of the Registration Act,
1908, insofar as the same is applicable to the State of Assam, can withhold
the permission. It is also the opinion of this Court that to carry out a
cadastral survey is absolutely the duty and responsibility of the Revenue
Officials of the Government of Assam and on their failure to do so, the rights
under Article 300A of the Constitution cannot be infringed. Under such
circumstances, it is therefore the opinion of this Court that the ground on
which the application for NOC/permission had been withheld by the
Respondent Authorities more particularly the Respondent Nos. 2, 3 and 4
infringes the rights of Shri Gopal Das under Article 300A of the Constitution.
7. In that view of the matter, this Court therefore disposes of the instant
writ petition with the following observations and directions:
(i) The Respondents more particularly the Respondent Nos. 2, 3 and 4 are
directed to consider the application for grant of NOC/Permission in terms
with Section 21A of the Registration Act, 1908 so filed by Shri Gopal Das for
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leasing out the plot of land admeasuring 7 Bigha 0 Katha 0 Lecha covered by
Dag No.322 and P.P. No.98 of Ranga De-Reserve under Bihpuria Revenue
Circle to the Petitioners.
(ii) While considering the said application, the Respondent Authorities
more particularly the Respondent Nos. 2, 3 and 4 cannot deny the
NOC/Permission on the ground that there is no cadastral survey in respect to
the village in question.
(iii) The said exercise be completed within a period of 30 days from the
date of a certified copy of the instant judgment is served upon the
Respondent No.2.
Bijoy Digitally signed
by Bijoy Saha
Date: JUDGE
Saha 2025.11.28
12:46:08 +05'30'
Comparing Assistant
