JUDGMENT : DEVASHIS BARUAH, J. Heard Mr. A. F. N. U. Mollah, the learned counsel appearing on behalf of the Petitioner and Ms. M. Barman, the learned Junior Government Advocate appearing on behalf of the Respondent Nos. 1, 3, 4 and 5. I have also heard Ms. N. Bordoloi, the learned Standing counsel appearing on behalf of the Respondent No.2. 2. The Petitioner herein is aggrieved by the order dated 27.06.2025 whereby the application seeking No Objection Certificate as is required under Section 21A of the Registration Act, 1908 insofar as the same is applicable to the State of Assam was rejected on the basis that the Lot Mandal had reported that there is a Title Suit going on. 3. The brief facts of the instant case are that the Petitioner is the absolute owner of a plot of land admeasuring 1 Katha (2.68 Are) covered by Dag No.322 (26 old) of K.P. Patta No.1014 (56 old) of Revenue Village Jyotikuchi under Beltola Mouza, Revenue Circle - Dispur in the District of Kamrup (M), Assam. 4. The Petitioner on account of urgent need of money for treatment of her husband had agreed to sale the said plot of land to one Abdullah Seikh of Kotahbari of Guwahati and in that regard, the Petitioner had entered into a Deed of Agreement for sale with the said Abdullah Seikh and received some amount as advance payment from the said buyer. 5. Thereupon, on 21.11.2024, the Petitioner applied for the Non- encumbrance Certificate for the purpose of sale of her land by paying prescribed fee of Rs.110/-. The concerned Authority had issued the certificate dated 06.12.2024 certifying to the effect that the property indicated therein which the Petitioner intends to sell, was searched by the Office and found that the property is free from encumbrance. The Petitioner also filed application under Form No.50 thereby seeking information as regards no litigation pending before the concerned Court Offices and certificate have also been issued by the Office of the Competent Courts within the jurisdiction of which the land in question is situated that there is/are no litigation(s) pending for the period from 24.10.2021 to 23.10.2024. The Petitioner thereupon applied for the Land Sale Transfer (NOC) on 10.06.2025 by paying the prescribed fee and an acknowledgment receipt was issued bearing Acknowledgment No.NOC/24/58065/2025. 6. The Petitioner thereupon applied for the Land Sale Transfer (NOC) on 10.06.2025 by paying the prescribed fee and an acknowledgment receipt was issued bearing Acknowledgment No.NOC/24/58065/2025. 6. To the surprise of the Petitioner, the said application was rejected vide the order dated 27.06.2025 on the basis of a Lat Mandal report that there is a Title Suit pending that too without mentioning any further details. 7. The Petitioner thereupon made various enquires and could come to learn that the case number in question for which the permission was rejected was Title Suit No.202/2016 pending in the Court of the learned Munsiff No.1, Kamrup (M) at Guwahati. The Petitioner thereupon made enquiries in the Court of the learned Munsiff No.1, Kamrup (M) at Guwahati and more particularly in respect to Title Suit No.202/2016 and was surprised to learn that the land in question in Title Suit No.202/2016 had no relevance with the land of the Petitioner. The Petitioner had obtained the certified copy of the plaint of the said suit which is enclosed as Annexure-11 to the writ petition. 8. It is the further case of the Petitioner that the Petitioner thereupon drew the attention of the concerned authorities to the effect that there is no Title Suit pending in respect to the land in question. However, as the Respondent Authorities were not inclined to accept the various requests made, the Petitioner is compelled to approach this Court. 9. This Court vide an order dated 15.09.2025 had issued notice. When the matter was listed before this Court on 16.02.2026, this Court was informed by Mr. S. S. Roy, the learned Government Advocate that as per the manual Chitha record, it is mentioned that Title Suit 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. 10. This Court upon taking into account the said instructions so placed which was kept on record and marked with the letter “X”, cross verified with the Annexure-11 which is the certified copy of the plaint in Title Suit No.202/2016 and it was apparently clear that the land in question had no relevance with the land in Title Suit No.202/2016. 10. This Court upon taking into account the said instructions so placed which was kept on record and marked with the letter “X”, cross verified with the Annexure-11 which is the certified copy of the plaint in Title Suit No.202/2016 and it was apparently clear that the land in question had no relevance with the land in Title Suit No.202/2016. It is under such circumstances, this Court directed the Circle Officer, Dispur Revenue Circle 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 was pending. 11. This Court further observed that it shall not be a bar upon the Respondents to provide the No Objection Certificate to the Petitioner upon production of a certified of the order dated 16.02.2026 passed by this Court. However, neither the certified copy of Title Suit No.202/2016 wherein the land in question is in dispute have been placed before this Court nor any further steps have been taken for reconsideration of the application for No Objection Certificate. The matter was again taken up by this Court on 02.03.2026 and till that date, nothing was done. Today, when the matter is being taken up, it has been again informed to this Court that the Circle Officer, Dispur Revenue Circle has sent a letter to the Chief Administrative Officer, District and Sessions Judges’ Court, Kamrup Metropolitan District for furnishing the details relating to the Title Suit No.202/2016. 12. It appears from the conduct of the Respondent Authorities more particularly the Circle Officer, Dispur Revenue Circle that without any basis whatsoever, the NOC which the Petitioner has sought for has been rejected. Nothing has been placed on record to show that there is any other ground for rejection of the Petitioner’s application. It is also a trite principle of law more particularly taking into consideration Section 52 of the Transfer of Property Act, 1882 that mere pendency of a suit would not bar the transfer of the land and any transfer so made during the pendency of a suit shall only be subject to the outcome of the suit. 13. It is also a trite principle of law more particularly taking into consideration Section 52 of the Transfer of Property Act, 1882 that mere pendency of a suit would not bar the transfer of the land and any transfer so made during the pendency of a suit shall only be subject to the outcome of the suit. 13. Under such circumstances, it is therefore the opinion of this Court that the reason for rejection of the Petitioner’s application seeking NOC is not only contrary to the records but it also violates the mandate of Article 300A of the Constitution taking into account that the Petitioner being the owner of the land also enjoys the right to sell the land, if otherwise not barred by law. 14. Accordingly, this Court therefore disposes of the writ petition with the following observations and directions: (i) The rejection of the Petitioner’s application by the Respondent No.4 seeking NOC bearing Acknowledgement No.NOC/24/58065/2025 on 27.06.2025 is bad in law and accordingly interfered with. (ii) The Respondent Nos. 3, 4 and 5 and more particularly the Respondent Nos. 4 and 5 are directed jointly and severally to take prompt action for deciding the application filed by the Petitioner seeking NOC bearing Acknowledgement No.NOC/24/58065/2025 within 30 days from the date, a certified copy of the instant judgment is served upon the Respondent No.4.