Page No.# 1/4 GAHC010166322025 2026:GAU-AS:11857 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4513/2025 ABDUL KADIR S/O LATE AHMED ALI, VILL- KOCH GAON, MOUZA- SAIDORIA, P.S.- RUPAHIHAT, DIST- NAGAON (ASSAM), PIN-782120 VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE AND DISASTER MANAGEMENT DEPARTMENT, ASSAM, PIN-781006 2:THE ADDL. DISTRICT COMMISSIONER NAGAON DIST- NAGAON ASSAM PIN-782001 3:FAZILA KHATUN D/O LATE ABDUL LATIF R/O VILL- KOCH GAON MOUZA- SAIDORIA P.S.- RUPAHIHAT DIST- NAGAON ASSAM 4:MOZIDA BEGUM D/O LATE ABDUL LATIF R/O VILL- KOCH GAON MOUZA- SAIDORIA P.S.- RUPAHIHAT DIST- NAGAON ASSAM Page No.# 2/4 5:SADEK ALI S/OLATE ABDUL LATIF R/O VILL- KOCH GAON OF BIHPURIA MOUZA- SAIDORIA P.S.- RUPAHIHAT DIST- NAGAON ASSAM 6:SORIFUL ALOM S/O LATE KASEEM ALI R/O VILL- KOCH GAON MOUZA- SAIDORIA P.S.- RUPAHIHAT DIST- NAGAON ASSAM 7:MEHDI ALOM S/O LATE KASEEM ALI R/O VILL- KOCH GAON MOUZA- SAIDORIA P.S.- RUPAHIHAT DIST- NAGAON ASSA For the Petitioner(s) : Mr. A. Sharma, Advocate For the Respondent(s) : Mr. S. Deka, Avocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 19.08.2026 Heard Mr. A. Sharma, the learned counsel appearing on behalf of the petitioner and Mr. S. Deka, the learned counsel appearing on behalf of the respondent No. 3. 2. The petitioner herein is aggrieved by the judgment dated 08.07.2025 passed in Case No. 37RA(N)/2024 whereby the Page No.# 3/4 appeal filed by the respondent No. 3 herein was allowed thereby setting aside the mutation granted in favour of the petitioner vide mutation order dated 06.05.1998. The learned Assam Board of Revenue vide the impugned judgment further set aside the order dated 11.09.2023 passed by the learned ADC, Nagaon in Misc. Case No. 122/2023-24 and directed that the Record of Rights be corrected to its status prior to 06.05.1998. 3. During the course of the hearing, the attention of this Court has been drawn to the fact that the petitioner has already filed a suit being Title Suit No. 59/2026, which is pending before the learned Court of the Civil Judge (Junior Division) No. 1, Nagaon. 4. It is relevant to take note of that it is well settled that mutation neither creates nor extinguishes any title. Mutation is carried out only for the purpose of collection of revenue. 5. This Court has also perused the impugned judgment passed by the learned Assam Board of Revenue and from the said judgment, it appears that there are inter se claims between the petitioner and the respondent No. 3 as regards their right, title and interest in respect to the land in question. Such claims can only be adjudicated by a Competent Court of civil Jurisdiction. 6. Taking into account that the suit had already been filed by the petitioner, this Court observes that the impugned judgment Page No.# 4/4 shall be subject to the decision in the said suit. 7. With the above, the writ petition stands closed. JUDGE Comparing Assistant