Page No.# 1/5 GAHC010078692024 2025:GAU-AS:1986- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WA/62/2025 BOSIR MIYA S/O LT. BASIR MOHAMMED, VILL. DOBOKA SUTARGAON, W/NO.3, MOUZA- JAMUNAMUKH, P.O. and P.S. DOBOKA, DIST- NAGAON, ASSAM 782440 VERSUS THE STATE OF ASSAM AND 15 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, DEPARTMENT OF REVENUE ETC, DISPUR, GHY-6 2:THE ASSAM BOARD OF REVENUE MEGHDOOT BHABAN ROAD PANBAZAR GHY-1 ASSAM 3:THE CIRCLE OFFICER DOBOKA REVENUE CIRCLE P.O. and P.S. DOBOKA DIST- NAGAON ASSAM PIN-782440 4:ON THE DEATH OF AKRAM ALI MUSTT. KAMELA BIBI LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH Page No.# 2/5 P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 5:ABDUL KARIM LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 6:JYOTSNA BEGUM LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 7:ABDUL OAHID LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 8:ABDUL RAHIM LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 9:RINA BEGUM LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM Page No.# 3/5 10:ABDUL HATIM LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 11:HASINA BEGUM NO.3 TO 10 ARE THE LEGAL HEIRS OF LT. AKRAM ALI ALL ARE R/O AZAD NAGAR DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 12:SHAMIM AHMED TALUKDAR R/O DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 13:SABIR AHMED TALUKDAR R/O DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 14:REJAUL AHMED TALUKDAR R/O DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA DIST- NAGAON ASSAM 15:SAFIUL ISLAM TALUKDAR S/O MUSTAFA AHMED TALUKDAR 16:JONAKI BEGUM W/O MD. RAFIQUL ISLAM TALUKDAR ALL ARE R/O DOBOKA TOWN MOUZA- JAMUNAMUKH P.O. and P.S. DOBOKA Page No.# 4/5 DIST- NAGAON ASSA Advocate for the Petitioner : T A LASKAR, MS. P KHATUN,MR. D K AGARWALA Advocate for the Respondent : GA, ASSAM, SC, REVENUE BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE MALASRI NANDI ORDER Date : 24.02.2025 (K.R. Surana, J) Heard Mr. T.A. Laskar, learned counsel for the appellant. Also heard Ms. N. Bordoloi, learned counsel standing counsel for the Revenue Department, representing respondent nos. 1 and 2 and Mr. P. Sarmah, learned Addl. Senior Govt. advocate appearing for respondent no.3. 2. By filing this intra court appeal, the appellant who is the writ petitioner has assailed the order dated 14.03.2024 passed by the leaned Single Judge in WP(C) 76/2014. By the said order, the challenge made by the appellant to the order dated 06.12.2013 passed by the learned Board of Revenue in Case No. 4RA(N)(RVW)/2013 was dismissed. 3. The learned counsel for the appellant has submitted that the order passed in the said review petition on 06.12.2013 was assailed on the ground that although the order under review was modified, nonetheless, a direction was issued for modification of the order dated 30.08.2007, passed in Mutation Case No. 413/96-97 passed by the Circle Officer, Doboka by providing as follows: “In view of such findings though we are of the opinion that actually there are no any error apparent on the face of the record, but for further clarification and understating of the parties as well as Circle Officer, Hojai, we feel it necessary to modify the Page No.# 5/5 operative part of the judgment dated 13.12.2012 passed in 89(N)/2011” 4. After some deliberation, on the query of the Court, the learned counsel for the appellant has submitted that after the passing of the order dated 14.03.2024 in WP(C) 76/2014, the appellant herein has also filed a title suit, registered and numbered as TS 139/2024, which is pending for disposal before the Court of learned Civil Judge, Hojai. 5. Accordingly, in view of the submissions made by the learned counsel for the appellant that in respect of the suit land in dispute, the appellant, namely, Md. Bosir Miya has already filed TS 139/2024, which is pending for disposal before the Court of learned Civil Judge, Hojai, Sankardev Nagar, the Court is of the considered opinion that as it is a well settled law that the decree, if any, passed in the suit shall always prevail over the orders of mutation, the Court is not inclined to entertain this intra court appeal as the appellant has already approached the Civil Court for an appropriate remedy. 6. Accordingly, none of the parties to the suit i.e. T.S No. 139/2024, referred above, shall be prejudiced by the following, viz., (1) order dated 19.11.2001 passed by the Deputy Commissioner (R), Nagaon in M.A. Case No. 81/08-09, (2) order dated 13.12.2012 passed in Appeal No. 89RA(N)/2011 by the Board of Revenue, and (3) order dated 06.12.2013 in Case No. 4RA(N) (RVW)/2013 by the Board of Revenue. This order shall be subject to decree, if any, in the said TS 139/2024. 7. With the said observations, this appeal stands closed without issuance of notice on the respondents. JUDGE JUDGE Comparing Assistant