GAHC010204332025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/5324/2025 ZAINAB KHATUN W/O JAHANGIR KHAN R/O PRAGATI PATH SIJUBARI IDGAH ROAD PO AND PS HATIGAON DIST KAMRUP METRO ASSAM PIN 781038 VERSUS THE STATE OF ASSAM AND ORS REP BY THE CHIEF SECRETARY TO THE GOVT OF ASSAM DISPUR GUWAHATI 6

2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPTT DISPUR GUWAHATI 6

3:THE DISTRICT COMMISSIONER KAMRUP METRO HENGRABARI GUWAHATI 36 ASSAM

4:THE ADDITIONAL DISTRICT COMMISSIONER ADC KAMRUP METRO GUWAHATI 36 ASSAM

5:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE GUWAHATI DISPUR GUWAHATI Ms. G. Hazarika, Standing Counsel BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH

ORDER

16.02.2026 Date :

The petitioner had sought for a No Objection Certificate in terms with Section 21A of the Registration Act, 1908 as applicable to the State of Assam. The said application was rejected on account of the pendency of a Civil Suit. It is the case of the petitioner that there is no Civil Suit pending in respect to the land, for which, the petitioner had sought for the No Objection Certificate.

2. Mr. S.S. Roy, the learned Government Advocate appearing on behalf of the Circle Officer, Dispur Revenue Circle has placed before this Court a communication dated 06.02.2026 wherein it is stated that as per the manual Chitha record, it is mentioned that Title Suit Case No. 202/2016 is pending against the disputed land covered by Dag No. 322 of K.P. Patta No. 1014 of Revenue Village Jyotikuchi under Mouza Beltola of Dispur Revenue Circle. The said instruction is kept on record and marked with the letter “X”.

3. This Court has perused Annexure-11 to the writ petition which is a certified copy of the Title Suit No. 202/2016. The Dag No. in respect to the land in the said suit has no relation to Dag No. 322 of K.P. Patta No. 1014 of Revenue Village Jyotikuchi

4. Under such circumstances, the Circle Officer, Dispur Revenue Circle is directed to produce the certified copy of Title Suit No. 202/2016 wherein Dag No. 322 of K.P. Patta No. 1014 of Revenue Village Jyotikuchi under Mouza Beltola of Dispur Revenue Circle is pending.

5. Accordingly, list this matter again on 02.03.2026 for further consideration.

6. Pending the next date, it shall not be a bar for the respondents to provide the No Objection Certificate to the petitioner upon production of a certified copy of the present

JUDGE

Comparing Assistant