Page No.# 1/5 GAHC010232652026 2026:GAU-AS:15829 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5775/2026 JAYANTA PATOWARY SON OF LATE DHIRENDRA NATH PATOWARY, RESIDENT OF HOUSE NO 22, SANTIPUR MAIN ROAD, OPPOSITE MASJID LANE, P.O.- BHARALUKUKH, P.S.- BHARALUMUKH, PIN-781009, DISTRICT- KAMRUP (METRO) ASSAM. VERSUS THE STATE OF ASSAM AND 7 ORS REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE AND DISASTER MANAGEMENT DEPARTMENT, GOVERNMENTT OF ASSAM, DISPUR, GUWAHATI- 781006, ASSAM. 2:THE SECRETARY ASSAM BOARD OF REVENUE GUWAHATI 781001 ASSAM. 3:THE DEPUTY COMMISSIONER DISTRICT- KAMRUP METRO GUWAHATI 781032 ASSAM. 4:THE CIRCLE OFFICER GUWAHATI REVENUE CIRCLE DISTRICT KAMRUP METRO GUWAHATI 781032 ASSAM. 5:THE SUB REGISTRAR DISTRICT KAMRUP METROPOLITAN GUWAHATI - 781032 ASSAM Page No.# 2/5 6:THE COMMISSIONER OF POLICE COMMISSIONERATE OF POLICE KHANAPARA GUWAHATI ASSAM PIN-781022. 7:SMTI. BHANUMATI SAIKIA PATOWARY WIFE OF LATE BHUPENDRA NATH PATOWARY RESIDENT OF HOUSE NO 3 GREEN VALE MOUNT G. M. C. HOSTEL ROAD OPPOSITE OF C. R. C. P.O. BHANGAGARH P.S.- BHANGAGARH DISTRICT KAMRUP METRO ASSAM PIN- 781032. 8:SRI RAJ KAMAL PATOWARY SON OF LATE NARENDRA NATH PATOWARY RESIDENT OF HOUSE NO. 6 ADJACENT TO ARUNA APARTMENTS SANTI PATH BYE LANE NO. 1 ZOO ROAD P.O. - ZOO ROAD P.S. -GEETANAGAR. GUWAHATI- 781024 ASSAM Advocate for the Petitioner : MRS. K K CHOUDHURY, Advocate for the Respondent : GA, ASSAM, D KALITA,SC. REVENUE BEFORE HONOURABLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 15-10-2026 Heard Ms. K.K. Choudhury, learned counsel for the petitioner; Ms. N. Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for the respondent nos. 1 & 2; and Mr. P.K. Medhi, learned Junior Government Advocate, Assam for the respondent nos. 3 – 6. Page No.# 3/5 2. From the statements and averments made in this writ petition, it has emerged that by Mutation Orders passed on 29.09.2026 and 30.09.2026 by the respondent no. 4, the names the respondent no. 7 and the respondent no. 8 have been mutated in two plots of land, covered by Dag no. 508 and 509 of Periodic Patta no. 382 and 383, situate at Village – Bharalumukh 1st, Mouza – Jalukbari, Guwahati Revenue Circle, Kamrup [M] district, Assam. Aggrieved by and dissatisfied with the manner in which the above two Mutation Orders were passed by the respondent no. 4, the petitioner had preferred two Revenue Appeals before the Assam Board of Revenue and the respondent no. 2 has acknowledged the filing of the two Revenue Appeals vide Acknowledgment no. 319 and Acknowledgment no. 320 on 08.10.2026. 3. By this writ petition, preferred under Article 226 of the Constitution of India, the petitioner has sought for setting aside and quashing of the Mutation Orders dated 29.09.2026 and 30.09.2026 and also, for consequential alteration made in the Records of Right in respect of the said two plots of land. A prayer for an interim order is also made to the effect that the operation of the said two Mutation Orders shall be kept stayed till the disposal of the two Revenue Appeals. The petitioner has also raised an apprehension that there is a threat of dispossession by the respondent nos. 7 & 8 who are private individuals, at the active assistance of the respondent no. 6. 4. The petitioner has averred that he is owner and in possession of the two plots of land covered by Dag nos. 508 & 509 of Periodic Patta no. 382 and 383, situate at Village – Bharalumukh 1st, Mouza – Jalukbari, Guwahati Revenue Circle, Kamrup [M] district, Assam. Page No.# 4/5 5. As against the Mutation Orders dated 29.09.2026 and 30.09.2026, the petitioner has already preferred two Revenue Appeals before the Assam Board of Revenue and on filing, the two Revenue Appeals have been received under Acknowledgment no. 319 and Acknowledgment no. 320, on 08.10.2026. 6. In so far as the prayer for interim relief is concerned, Section 10 of the Assam Board of Revenue Regulation, 1963 has provided that pending final decision on an appeal or application, the Board may direct that the execution of any order against which the appeal or application is made be stayed on such conditions, if any, as it may laid down. As the Assam Board of Revenue apart from entertaining the Revenue Appeals, stated to have been filed by the petitioner before it, has also the power to stay execution of the Mutation Orders dated 29.09.2026 and 30.09.2026, challenge therein, it is open for the petitioners to urge for the interim relief in the form of staying execution of the said two Mutation Orders. 7. In so far as the allegation made regarding threat of dispossession made by the respondent no. 7 and the respondent no. 8, allegedly with the support of the respondent no. 6 is concerned, the petitioner has the option of seeking appropriate remedy before a civil court against such threat of dispossession. 8. Considering the fact that the two Mutation Orders are challenged before the Assam Board of Revenue in two Revenue Appeals and the Assam Board of Revenue is yet to take cognizance on them, this Court is of the considered view that this writ petition would amount a parallel proceedings, if it is proceeded with. For the said reason, this Court is not inclined to entertain the instant writ petition, at this stage, as the Assam Board of Revenue is yet to decide on the two Revenue Appeals. Page No.# 5/5 9. The learned counsel for the petitioner has also submitted that though the Assam Board of Revenue has acknowledged the filing of the Revenue Appeals under Acknowledgment no. 319 and Acknowledgment no. 320, there might be delay in consideration of the Revenue Appeals. It is, therefore, observed that the respondent no. 2 shall register the two Revenue Appeals, stated to have been filed by the petitioner, in an expeditious manner, if they are otherwise properly instituted, and therefore, take the same on Board to enable the petitioner herein to press the said two Revenue Appeals for admission before the Assam Board of Revenue on merit and if the petitioner as the appellant also presses for any interim relief, the Board may give consideration as per merit and in accordance with law. 10. A copy of this order is to be furnished to Ms Bordoloi, learned Standing Counsel, Revenue & Disaster Management Department for communicating it to the respondent no. 2. JUDGE Comparing Assistant