Page No.# 1/3 GAHC010169522025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4314/2025 AMULYA CHANDRA NATH SON OF LATE PRATAP NATH, R/O RANGIA TOWN WARD NO 3, P.O. AN DP.S. RANGIA TOWN, WARD NO. 3, MOUZA- PANDURI, DIST. KAMRUP, ASSAM, PIN-781354 VERSUS THE STATE OF ASSAM AND 3 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT OF ASSAM, REVENUE DEPARTMENT, DISPUR, GUWAHATI-6 2:THE DISTRICT COMMISSIONER. KAMRUP AMINGAON PIN-781031 3:THE SUB DIVISIONAL OFFICER (CIVIL) RANGIA SUB DIVISION RANGIA P.O. AND P.S. RANGIA DIST. KAMRUP ASSAM PIN-781354. 4:THE CIRCLE OFFICERL RANGIA REVENUE CIRCLE P.O. AND P.S. RANGIA DIST. KAMRUP ASSAM PIN-78135 Page No.# 2/3 Advocate for the Petitioner : MR D KALITA, MS R KOUR Advocate for the Respondent : SC, REVENUE, GA, ASSAM BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI ORDER 01.08.2025 Heard Shri D. Kalita, learned counsel for the petitioner. Also heard Shri R. Borpujari, learned Standing Counsel, Revenue Department and Shri N. Goswami, learned State Counsel for the Official respondents. 2. Considering the subject matter involved, this Court is of the opinion that the petition is required to be disposed of at the motion stage. 3. The grievance of the petitioner in this writ petition is against an eviction notice dated 19.07.2025 issued by the Circle Officer, Rangia. It is the case of the petitioner that he is the recorded Pattadar and is in lawful possession of the land in question and in that regard a Title Suit No. 47/2023 has been filed which is presently pending before the learned Court of Munsiff, Kamrup at Rangia. The learned counsel has submitted that if the present notice is acted upon, the suit would become infructuous. 4. Both Shri Borpujari, learned Standing Counsel and Shri Goswami, learned State Counsel have however objected to the maintainability of this writ petition by submitting that the subject matter is under consideration of the appropriate Civil Court and no parallel proceedings can be maintained. 5. After considering the rival submissions, this Court is of the opinion that when the subject matter connected to the impugned notice dated 19.07.2025 is Page No.# 3/3 pending consideration before the appropriate Civil Court in T.S. No. 47/2023, there is no reason to entertain the present writ petition. It also transpires that in the title suit, an application under Order 39 Rule 1 and 2 read with Section 151 CPC has been filed which has been registered as Misc.(J.) Case No. 26/2025 and the same has been stated to be pending. The learned counsel has however informed that the date given in the injunction application is a long one and if, in the meantime the eviction is carried out, the suit would become infructuous. 6. Be that as it may, in view of the discussions made above, while the writ petition is not entertained, the petitioner is given liberty to file an application praying for proponing the date of the consideration of the injunction application / or file another injunction application with regard to the impugned notice dated 19.07.2025 before the learned Civil Court and if the same is done the learned Court would consider the same expeditiously. 7. The writ petition is accordingly closed. JUDGE Comparing Assistant