Page No.# 1/6 GAHC010260012024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6595/2024 HARVINDER KAUR W/O LATE KULDIP SINGH R/O C/O HOTEL PRINCE K.C. SEN ROAD, PALTAN BAZAR, P.S. PALTAN BAZAR, GUWAHATI, PIN-781008, DIST. KAMRUP (M), ASSAM, REPRESENTED BY ITS CONSTITUENT ATTORNEY AND SON, SHRI GURDEEP SINGH, AGED 43 YEARS, S/O LATE KULDIP SINGH R/O C/O HOTEL PRINCE K.S. SEN ROAD, PALTAN BAZAR, P.S. PALTAN BAZAR, GUWAHATI, DIST. KAMRUP (M), ASSAM, PIN-781008. VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, REVENUE AND DISASTER MANAGEMENT (LR) DEPARTMENT, DISPUR, GUWAHATI-05, DIST. KAMRUP (M), ASSAM 2:THE ADDITIONAL DEPUTY COMMISSIONER (NOW ADDITIONAL DISTRICT COMMISSIONER) KAMRUP (M) DISTRICT HENGRABARI GUWAHATI-781036 ASSAM 3:SRI JAI PRAKASH KHETAN S/O MURLIDHAR KHETAN R/O SHREE NAGAR CHRISTIAN BASTI GUWAHATI-781005 DIST. KAMRUP (M) ASSAM 4:SMT. RANJANA KHETAN Page No.# 2/6 W/O SRI JAI PRAKASH KHETAN R/O SHREE NAGAR CHRISTIAN BASTI GUWAHATI-781005 DIST. KAMRUP (M) ASSAM 5:SRI CHANDRA BAISHYA S/O LATE MAMAT BAISHYA R/O VILL- GARAL DAKHIN MIRZAPUR P.O. BHATTAPARA P.S. AZARA DIST. KAMRUP (M) ASSAM PIN- 781017 6:SRI KANAK BAISHYA S/O HARAKANTA BISHYA R/O VILL- GARAL DAKHIN MIRZAPUR P.O. BHATTAPARA P.S. AZARA DIST. KAMRUP (M) ASSAM PIN- 78101 Advocate for the Petitioner : S ALI, MS. J SARMA,MR. A IKBAL,MS. M NATH,MR. R BARUAH Advocate for the Respondent : GA, ASSAM, SC, REVENUE,MS K BHATTACHARYYA (R3, R4),MS T J SAHEWALLA (R3, R4),MR. P DEKA (R3, R4),MR M SAHEWALLA (R3, R4),MR G N SAHEWALLA (R3, R4) Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 10.11.2025 Heard Mr. S. Ali, learned counsel for the petitioner. Also heard Mr. S. R. Barauh, learned Standing Counsel, Revenue and Disaster Management, appearing for the respondent no.1 and Mr. G. N. Sahewalla, learned Senior Counsel, assisted by Ms. K. Bhattacharya, learned counsel, appearing for the respondent nos.3 and 4. 2. The challenge in the present proceeding is to the order dated 03.10.2024, passed by the Assam Board of Revenue, Guwahati, in Case No.15 RA(K)/2022, as well as the order dated 21.12.2021, passed by the Additional Deputy Commissioner, Kamrup(M). 3. The facts in brief requisite for adjudication of the present issue is noticed as follows; The petitioner in the writ petition projects that she had purchased a plot of land measuring 1 Bigha 2 Katha 18 lechas covered by Dag No.982(old)/1396(New) comprising of K.P. Patta No.155(old)/653(new) situated at Revenue Village- Garal in the District of Kamrup (M), from the recorded pattadar, owner and possessor of the land. It is further projected that after purchase of the land she had applied for mutation of her name in the Records Of Right, and the mutation was granted by the Circle Officer, Azara Revenue Circle. However, after the mutation in favour of the petitioner, herein, was granted, the respondent nos.3 & 4, herein, had instituted proceedings before the Deputy Commissioner, Kamrup (M), Guwahati, for cancellation of such mutation. The Additional Deputy Commissioner who have taken up the matter for Page No.# 4/6 disposal after hearing the parties to the proceeding, had vide order dated 21.12.2021, upheld the claims of the respondent nos.3 & 4, herein, and directed for correction of the land Records by removing the name of the petitioner, herein, as well of her vendors from the land records. Being aggrieved the petitioner, herein, had assailed the said order before the Assam Board of Revenue, Guwahati, by way of instituting Case No.15 RA(K)/2022. The Assam Board of Revenue, Guwahati ,vide order dated 03.10.2024, upon appreciating the materials coming on record and also after hearing the learned counsel for the parties proceeded to partially allow the appeal and the order dated 21.12.2021, passed by the Additional Deputy Commissioner, Kamrup(M), Guwahati, came to be upheld in so far as it pertains to the cancellation of the petitioner mutation in respect of Dag No.1396. The Assam Revenue Board, however, restored such mutation in respect of the petitioner’s land with regard to Dag no.982. Being aggrieved the petitioner has instituted the present proceedings. 4. The learned counsel for the parties have made their respective submissions. The learned counsel for the parties have also brought to the notice of this Court that the petitioner, herein, has already instituted a Civil Suit, being Title Suit No.410/2020, claiming Right, Title and Interest over the same disputed land involved in the proceedings before the Additional Deputy Commissioner, Kamrup(M), as well as the Assam Board of Revenue, Guwahati. 5. This Court has been further apprised that an order of injunction has been passed by the learned Trial Court on 22.12.2020, restraining the eviction of the petitioner, herein, from land, in question, and the said suit is presently pending disposal. Page No.# 5/6 6. This Court has examined the materials coming on record, in the light of the submissions advanced by the learned counsel for the parties and finds that disputed questions of fact have been raised. The materials brought on record highlights that there is no clarity with regard to the Dag numbers of the land claimed by the parties. The petitioner having already instituted a Civil Suit and therein having also asserted her right with regard to Right, Title and Interest over the disputed land, this Court is of the view that the claims of the parties to the present proceedings would now be required to be determined in the proceedings of Title Suit no.410/2020. Accordingly, this Court, for the reasons noticed hereinabove refrains from entertaining the present writ petition on its merits. 7. The parties to the present proceeding are directed to establish their respective rights in the proceedings of Title Suit No.410/2020. There being already an order of injunction passed by the learned Trial Court operating in favour of the petitioner, herein, her rights during the pendency of the Title Suit No.410/2020 stands protected, however, this Court provides that the orders dated 21.12.2021, passed by the Additional Deputy Commissioner, Kamrup(M), Guwahati, and 03.10.2024, passed by Assam Board of Revenue, Guwahati, in Case No.15 RA (K)/2022, shall be subject to the outcome of the proceedings in the Title Suit No.410/2020. Accordingly, the interim order passed in the present proceedings stand merged with the present order. 8. This Court further provides that the learned Trial Court shall adjudicate the issues arising before it in the proceedings of the Title Suit No.410/2020, without being influenced by the observations made by this Court in the present order or the observations and conclusions drawn by the Additional Deputy Commissioner in the order dated 03.10.2024 and by the Assam Board of Revenue vide order dated 03.10.2024 in Case No. 15 Page No.# 6/6 RA(K)/2022. The learned Trial Court shall adjudicate the issues arising in the Title Suit No.410/2020 independently in accordance with law basing on the evidences adduced before it by the parties. 9. With the above observations and directions the present writ petition stands disposed of. Interim order passed earlier stands vacated. JUDGE Comparing Assistant