Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/5 GAHC010031112026
2026:GAU-AS:4808
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1169/2026 MORJIYANA KHATUN W/O. LATE SIDDIQUE HUSSAIN,R/O. VILLAGE SONALUGURI,P.O.
RANIGANJ, P.S. SAPATGRAM,DISTRICT DHUBRI, ASSAM.PIN CODE 781334 VERSUS THE STATE OF ASSAM AND ANR REPRESENTED BY THE SECRETARY,TO THE GOVERNMENT OF ASSAM,TRANSPORT DEPARTMENT,DISPUR, GUWAHATI - 781006 2:THE DISTRICT TRANSPORT OFFICER BONGAIGAON DISTRICT BONGAIGAON ASSA Linked Case : I.A.(Civil)/1023/2026 MORJIYANA KHATUN S/O LATE SIDDIQUE HUSSAIN VILL. SONALUGURI P.O. RANIGANJ P.S. SAPATGRAM DIST. DHUBRI ASSAM PIN 781334 VERSUS THE STATE OF ASSAM AND ORS REPRESENTED BY THE SECY. TO THE GOVT. OF ASSAM TRANSPORT DEPTT. Page No.# 2/5 DISPUR GUWAHATI 781006 2:THE DISTRICT TRANSPORT OFFICER BONGAIGAON DISTRICT BONGAIGAON ASSAM 3:SALEHUNNUR BEGUM D/O LATE SIDDIQUE HUSSAIN
W/O OSMAN GANI RESIDENT OF VILLAGE TOWN GOPIGAON PART III BILASIPARA PO HAKAMA PS BILASIPARA DIST DHUBRI ASSAM 783348 4:SAYEDAT HUSSAIN S/O LATE SIDDIQUE HUSSAIN VILLAGE SONALGURI PO RANIGANJ PS SAPATGRAM DIST DHUBRI ASSAM 781334 5:AJARFAT EUNUS HUSSAIN S/O LATE SIDDIQUE HUSSAIN M RESIDENT OF VILALGE SONALUGURI PO RANIGANJ PS SAPATGRAM DIST DHUBRI ASSAM 781334 -
For the Applicant(s) : Mr. F. A. Hassan, Advocate
For the Respondent(s) : Ms. M. D. Borah, SC Transport
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BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R
01.04.2026
Heard Mr. F. A. Hassan, the learned counsel appearing on behalf of the petitioner and Ms. M. D. Borah, the learned counsel who appears on behalf of the Transport Department of the Government of Assam. 2. The petitioner has approached this Court seeking a direction upon the Respondent No.2 for registering the vehicle bearing registration No.AS19-K-8157 in her name after the demise of her husband. 3. It is the case of the petitioner that on 21.01.2026, a representation was submitted to the Respondent No.2. However, the same being not considered, the petitioner approached this Court by filing the writ petition. 4. This Court also takes note of the additional affidavit filed by the petitioner wherein it is mentioned that the representation so submitted on 21.01.2026 has been disposed of directing the petitioner to submit an application in Form No.31 along with all other documents including the NOC from all legal heirs regarding
Page No.# 4/5 the transfer. 5.
The learned counsel appearing on behalf of the petitioner submitted that he has no problem in providing the documents as mentioned at Serial Nos.1 to 5 of the communication dated
18.02.2026. However, the petitioner has the problem in getting the NOC from all other legal heirs regarding transfer. 6. Taking into account the said submission, it therefore appears that the dispute in question primarily lies between the petitioner and the private Respondents as to the ownership of the vehicle in question. This dispute cannot be decided by this Court in exercise of the powers under Article 226 of the Constitution on the ground that the adjudication of such dispute would require deciding on various factual aspects, and apart from that, it is purely a private dispute between the petitioner and the private Respondents. 7. Considering the above, this Court therefore is not inclined to entertain the instant writ petition. However, this Court observes that not entertaining the instant writ petition shall not preclude or prejudice the petitioner to approach the appropriate forum or arrive at conciliation between the petitioner and the private respondents. 8. It is further observed that in the circumstance, the
Page No.# 5/5 petitioner is able to obtain the NOC from all the legal heirs regarding the transfer, the Respondent Authority shall take appropriate steps in consonance with the communication dated
18.02.2026. JUDGE Comparing Assistant