Page No.# 1/8 GAHC010256852022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/8117/2022 AFROZA BEGUM AND 2 ORS W/O- LATE MOZIBUDDIN AHMED, RESIDENT OF P.O.- JONARAM CHOWKA, P.S.- MANGALDOI, DISTRICT- DARRANG, ASSAM. 2: MD. AFAZUDDIN AHMED S/O- LATE MOZIBUDDIN AHMED RESIDENT OF P.O.- JONARAM CHOWKA P.S.- MANGALDOI DISTRICT- DARRANG ASSAM. 3: MD. HAFIJUDDIN AHMED S/O- LATE MOZIBUDDIN AHMED RESIDENT OF P.O.- JONARAM CHOWKA P.S.- MANGALDOI DISTRICT- DARRANG ASSAM VERSUS XXXX AND 3 ORS 2:THE ADDITIONAL DEPUTY COMMISSIONER KAMRUP(M) LICHUBAGAN Page No.# 2/8 HENGRABARI GUWAHATI ASSAM PIN- 781036. 3:THE CIRCLE OFFICER DISPUR REVENUE CIRCLE NH 27 CHARALI KUNDIL NAGAR GUWAHATI ASSAM PIN- 781028. 4:NUR YASMIN ARA KHANAM EARLIER W/O LATE AYAZUDDIN AHMED AND NOW W/O- ROFIQUE HUSSAIN R/O- VILLAGE- CHAKLA PART-1 P.O.- CHAKLA P.S. ABHAYAPURI DISTRICT- BONGAIGAON ASSAM PIN- 783392. PRESENT ADDRESS- OFFICE OF THE POLICE CRIME BRANCH PANBAZAR GUWAHATI- 781001 B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH Advocates for the petitioner(s) : Mr. A Sattar Advocates for the Respondent(s) : Mr. H Sarma Addl. Senior Govt. Advocate, Assam Page No.# 3/8 Date on which Judgment is reserved: NA Date of Pronouncement of Judgment : 24.08.2026 Whether the Pronouncement is of the : Yes Operative Part of the Judgment Whether the Full Judgment has been : No Pronounced JUDGMENT & ORDER(ORAL) Heard Mr. A Sattar, the learned counsel appearing on behalf of the Petitioners. Also heard Mr. H Sarma, the learned Addl. Senior Govt. Advocate, Assam, who appears on behalf of the Respondent Nos. 1, 2, and 3. None appears on behalf of the Respondent No. 4. 2. This Court also takes note of the order of the Lawazima Court dated 11.06.2026, which shows that the service upon the Respondent No.4 is complete. Accordingly, this Court, therefore, deems that the service upon the Respondent No.4 is complete. 3. The present writ petition has been filed assailing the order dated Page No.# 4/8 12.09.2022 passed by the learned Assam Board of Revenue in Case No. 89RA (K)/2018, whereby the appeal filed by the Petitioners against the order dated 14.08.2018 passed by the Additional Deputy Commissioner, Kamrup(M), Guwahati in RA (M)/15/2015-16 was dismissed. 4. The brief facts which led to the filing of the present proceedings is that one Kamakhya Poddar was the owner of a plot of land admeasuring 1 katha covered by Dag No.2222 of patta No.412 of village Betkuchi under Mouza Beltola in the district of Kamrup(M), Assam (for the sake of convenience referred to as ‘the land in question’). The land in question was purchased by one Ayazuddin Ahmed (since deceased). Upon the death of late Ayazuddin Ahmed, the Respondent No.4, who was his wife, got her name mutated in respect to the land in question. 5. Subsequent thereto, orders dated 29.08.2012 and 02.02.2013 were passed in a proceeding for succession initiated under Section 372 of the Indian Succession Act, 1925. The Petitioners as well as the Respondent No.4 were held to be the Class-I heirs of Late Ayazuddin Ahmed. 6. On the basis of the said orders, passed by the learned District Judge, Mangaldoi in Misc.(S/C) Case No.102/2011 which was reviewed vide the order dated 02.02.2013 passed in Misc(J) Case No.88/20012, an application was filed by the Petitioners before the Respondent No. 3. The said proceedings was registered and numbered as Mutation Case No.1029/2011-12 seeking mutation. An order dated 27.05.2014 was passed by which the names of the Petitioners along with the Respondent No.4 were mutated in respect to the land in Page No.# 5/8 question. 7. The Respondent No.4 being aggrieved preferred an appeal before the learned Deputy Commissioner, Kamrup (M) at Guwahati which was registered and numbered as RA (M)/15/2015-16. The said appeal was allowed by the Additional Deputy Commissioner, Kamrup(M) by an order dated 14.08.2018, thereby striking out the names of the Petitioners from the record of rights in respect to the land in question and only continuing the name of the Respondent No.4. 8. Being aggrieved, the Petitioners filed an appeal before the learned Assam Board of Revenue, which was registered and numbered as Case No.89RA(K)/2018 and the said appeal was dismissed vide an order dated 12.09.2022 by the learned Assam Board of Revenue, thereby opining that taking into account that various rights under the Mohammedan Law have to be adjudicated by and between the Petitioners as well as the Respondent No.4 herein, it would be better that a Competent Court of Civil Jurisdiction shall decide the instant disputes. It is under such circumstances the present writ petition was filed. 9. This Court has heard the learned counsels appearing on behalf of the Petitioners as well as Mr. H Sarma, the learned counsel for the Respondent Nos.1, 2 and 3. Page No.# 6/8 10. It is well settled that mutation neither creates rights over any land nor extinguishes. Mutation in respect to a land is carried out only for the purpose of collection of revenue. 11. From a perusal of the judgment passed by the learned Board of Revenue as well as the order passed by the learned Additional District Commissioner, Kamrup(M), it appears that there are inter-se claims by and between the Petitioners and the Respondent No.4 as regards the entitlement of the rights over the land in question. These entitlements have to be adjudged in a proceedings, wherein the provisions of the Mohammedan Law qua the succession are decided. The Revenue Authorities, in the opinion of this Court would not have the authority and competence to decide as to whether the Respondent No.4 shall be entitled to the absolute right over the land in question or the Petitioners along with the Respondent No. 4 would have ownership rights over the land in question. The same has to be adjudicated by a Court of Competent Civil jurisdiction. 12. Taking into account the above, it is the opinion of this Court that the Petitioners herein would be well advised to approach the Competent Court of Civil Jurisdiction thereby seeking appropriate declaration as regards the right, title, and interest over the land in question. 13. In that view of the matter, this Court having taken note of the observations made by the learned Assam Board of Revenue in the impugned order dated 12.09.2022, wherein it is observed that the parties should get appropriate Page No.# 7/8 declarations from the Competent Court of Civil Jurisdiction need not be interfered with, more so, in exercise of the certiorari jurisdiction. 14. In view of the above, the writ petition, therefore, stands disposed of with the following observations and directions: (i). This Court is not inclined to interfere with the order dated 12.09.2022, passed by the learned Assam Board of Revenue in RA (M)/15/2015-16. (ii). This Court further observes that the parties to the instant proceedings, and more particularly the Petitioners herein would be at liberty to approach the Competent Court of Civil Jurisdiction seeking the declaration of their right, title, and interest over the land in question. It is further observed that in the circumstance, the Petitioners approach the Competent Court of Civil Jurisdiction, the order dated 14.08.2018 passed by the Additional Deputy Commissioner, Kamrup(M), Guwahati in RA (M)/ 15/2015-16, and order dated 12.09.2022 passed by the learned Assam Board of Revenue in Case No. 89RA (K) /2018 shall be subject to such decree or order passed by the Competent Court of Civil Jurisdiction. (iii). This Court further observes that the observations so made in the order dated 14.08.2018 passed by the Additional Deputy Commissioner, Kamrup(M), Guwahati in RA (M)/ 15/2015-16, and order dated 12.09.2022 passed by the learned Assam Board of Revenue in Case No. 89RA (K) / 2018, shall not influence the learned Civil Court in deciding such inter-se dispute, as regards the right, title and interest in respect to the land in question. Page No.# 8/8 JUDGE Comparing Assistant