The Gauhati High Court has reiterated that applications seeking a No Objection Certificate (NOC) for land transfers under Section 21A of the Registration Act cannot remain pending beyond the statutory timeline. Directing the Assam authorities to decide a long-pending application within 30 days, the Court observed that the law requires the competent authority either to issue the NOC or pass a reasoned order within the prescribed period.
Justice Manish Choudhury issued the direction while disposing of a writ petition filed by Kartik Rabidas and two others after their NOC application remained pending for over five months despite being submitted through the prescribed offline procedure.
Background of the Case
The petitioners approached the High Court after submitting an application on February 11, 2026, seeking a No Objection Certificate under Section 21A of the Registration Act for the transfer of a parcel of land situated in Sribhumi district, Assam. According to them, the online application facility was unavailable because the official land survey in the concerned area had not yet been completed. As a result, they submitted the application through the offline mode, which was acknowledged by the competent authority.
The petitioners stated that two of them owned the land and had entered into an agreement to sell a part of it, measuring eight kathas, to the third petitioner. However, even after more than five months, the NOC application had not been processed to its conclusion. They therefore sought a direction from the High Court requiring the authorities to complete the process without further delay.
During the hearing, counsel representing the State accepted that, for the concerned area, applications were indeed required to be submitted offline because the online facility was unavailable. The State also acknowledged that such applications had to be processed in accordance with the Standard Operating Procedure (SOP) notified on September 9, 2025.
Court's Observations
Justice Manish Choudhury examined Section 21A of the Registration Act as amended in Assam. The provision requires the jurisdictional Deputy Commissioner either to issue the No Objection Certificate or pass a reasoned order refusing it within 30 days from receiving the application.
The Court noted that the law leaves little room for indefinite delays.
"The statutory mandate requires the Deputy Commissioner either to issue the No Objection Certificate or pass a speaking order with reasons within thirty days from the date of receipt of the application," the bench observed.
The Court also referred to the Assam Government's SOP governing the grant of NOCs. The procedure requires reports from the Circle Officer, the Nodal Officer, and the Special Branch before the District Commissioner takes a final decision. Even under this SOP, if an application is not disposed of within 30 days, the applicant must receive a reasoned order explaining the delay or refusal.
Justice Choudhury observed that, despite these statutory and procedural requirements, the petitioners' application had remained pending for over five months, which was an admitted position before the Court.
Court's Decision
Without keeping the writ petition pending, the Gauhati High Court disposed of the matter by directing the respondent authorities, particularly the District Commissioner, Sribhumi, to complete the entire process relating to the petitioners' NOC application in strict compliance with the law.
The Court ordered that the exercise must be completed within 30 days from the date the petitioners submit a certified copy of the judgment before the District Commissioner. It further clarified that if any additional documents are required, the authorities must inform the petitioners in writing within 15 days. In such a case, the 30-day period will begin from the date the deficiencies are removed by the petitioners.
The writ petition was accordingly disposed of without any order as to costs.
Case Details
Case Title: Kartik Rabidas and 2 Others v. State of Assam and 4 Others
Case Number: WP(C)/3735/2026
Judge: Justice Manish Choudhury
Decision Date: 22 July 2026
