WP(C) 779/2010 BEFORE HON’BLE THE CHIEF JUSTICE J.CHELAMESWAR HON’BLE MRS. JUSTICE ANIMA HAZARIKA Heard Mr.P Upadhyay, learned counsel for the petitioner. Admit. Notice. Mr.KN Choudhury, learned Addl. Advocate General, Assam, entered appearance for t he respondent Nos.1,2,3 and 4. Mr. R Sharma, learned Assistant Solicitor General of India appears for Respondent No.5. This writ petition is filed challenging the constitutional validity of an enact ment of the State of Assam called The Registration (Assam Amendment) Act, 2009 . By virtue of the said amendment, Section 21A is introduced in the Registratio n Act,1908. Section 21A read as follows:- 21A. Notwithstanding anything contained in any other provision of this Act, no non-testamentary instrument relating to immovable property shall be accepted for registration, unless the Deputy Commissioner of the concerned district issues a No Objection Certificate containing the description of such immovable property to be transferred and also such other No objection Certificate, which are requir ed to be issued by the Deputy Commissioner or any other Authority under any law for the time being in force or under any Executive Instruction, Order etc. issue d by the State Government from time to time; Provided that all such No Objection Certificates shall be issued within a period of thirty days from the date of the receipt of application and in case No Objec tion Certificate is not issued within the stipulated period of thirty days, a sp eaking order with reasons thereof shall be issued to the applicant within the sa id stipulated period. It can be seen that the said Section prohibits the registration of non-testament ary instruments relating to immovable property unless a No Objection Certificate is issued for such registration by the Deputy Commissioner of the concerned dis trict. The petitioner proposes to sell a particular piece of land, the details of which have been given at Paragraph 5 of the affidavit filed on 15.2.2010. For the pur pose of the said transaction, according to the petitioner, he entered into an ag reement of sale with one Prasanna Das, son of Late Kanchiram Das. Both the propo sed Vendor and Vendee are desirous of getting the agreement of sale registered a nd also the petitioner proposes to execute a Power of Attorney in favour of the abovementioned Prasanna Das. Complaining that the concerned Sub Registrar did no t permit the petitioner to register the abovementioned two documents, when the p etitioner approached the Sub Registrar on 27.1.2010 for registration, the presen t writ petition is filed challenging the vires of the abovementioned amendment A ct of the State of Assam on various grounds. When the matter is taken up today for admission, Mr. KN Choudhury, learned Addl. Advocate General stated that the State of Assam issued instructions in exercise of its Executive Power that the authorities shall act under the Registration Ac t and shall not insist upon the No Objection Certificate contemplated under Sect ion 21A of the Act insofar as the registration pertains to agreements of sale an d Powers of Attorney and therefore though the petitioner’s case might have been rejected as alleged by him on 27.1.2010, the petitioner would have no difficulty in securing registration of his documents now. Learned Addl. Advocate General stated that the abovementioned instructions are b eing issued within a day or two. In the circumstances, the various questions of law raised by the petitioner woul d become academic insofar as the petitioner is concerned and in view of the sett led position of law, this Court, in exercise of the jurisdiction under Article 2 26 of the Constitution of India will not adjudicate the academic question, the w rit petition is, therefore, disposed of recording the statement of the learned A ddl. Advocate General.