Page No.# 1/3 GAHC010127562025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3440/2025 SMTI DAMAYANTI SAIKIA BARUAH WIFE OF SRI BHASKAR BARUAH, RESIDENT OF CHALIHA ROAD, AMOLAPATY, SIVASAGAR, ASSAM VERSUS THE STATE OF ASSAM REPRESENTED BY THE PRINCIPAL SECRETARY GOVT OF ASSAM, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, DISPUR, GUWAHATI-06, ASSAM 2:THE DISTRICT COMMISSIONER CHARAIDEO ASSAM 3:THE CIRCLE OFFICER NAZIRA REVENUE CIRCLE NAZIRA SIVASAGAR ASSAM 4:THE ASSISTANT SETTELEMENT OFFICER NAZIRA REVENUE CIRCLE SIVASAGAR ASSAM 5:SRI PRANJAL PARASH HAZARIKA SON OF LATE SURENDRA NATH HAZARIKA TEKELA GAON Page No.# 2/3 TITABOR JORHAT ASSA Advocate for the Petitioner : MR H P GUWALA, MR. A BORO Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 20.06.2025 Heard Shri HP Guwala, learned counsel for the petitioner. Also heard Shri BJ Talukdar, learned Additional Senior Government Advocate and Ms. PR Mahanta, learned Standing Counsel, Revenue Department. 2. The fact projected by the petitioner is that the respondent no. 5 had instituted a Title Suit No. 11/2022 against the petitioner and other defendants in the Court of learned Civil Judge (Junior Division), Charaideo for declaration right, interest and possession. It is the case of the petitioner that the Circle Officer, Najira Revenue Circle is a defendant in the Suit who had also submitted the written statement. However, during the pendency of the Suit, the said Circle Officer has issued a patta in favour of the private respondent on 26.06.2024. 3. While it may not be disputed that the right of the present petitioner has been adversely affected by such action, this Court is of the opinion that instead of approaching this Court under Article 226 of the Constitution of India, the petitioner may file an application for injunction before the same Court where the title suit is pending. 4. The writ petition is accordingly dismissed with liberty to approach the Civil Court. If such an application is filed, the same be considered strictly in Page No.# 3/3 accordance with law. JUDGE Comparing Assistant