Page No.# 1/3 GAHC010277462025 2026:GAU-AS:3514 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/7245/2025 SHASADHAR MAHANTA @ SASADHAR MAHANTA SON OF LATE KAMALA MAHANTA, RESIDENT OF VILLAGE- PARAKUCHI, P.O.- MANIARI TINIALI, P.S. PALASHBARI, DIST- KAMRUP- 781125, ASSAM. VERSUS THE STATE OF ASSAM AND 6 ORS. REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, LAND REVENUE DEPARTMENT, DISPUR, GUWAHATI-6, ASSAM. 2:ASSAM BOARD OF REVENUE PANBAZAR AT GUWAHATI-1 ASSAM. 3:DISTRICT COMMISSIONER DISTRICT- KAMRUP AMINGAON 4:ADDITIONAL DISTRICT COMMISSIONER DISTRICT- KAMRUP AMINGAON 5:CIRCLE OFFICER PALASHBARI REVENUE CIRCLE KAMRUP ASSAM 6:DR. DIPIKA BARUA DAUGHTER OF LATE DHIRENDRA @ DHIREN KUMAR CHOUDHURY RESIDENT OF HOUSE NO. 2 JANAKI PATH Page No.# 2/3 GANESHGURI GUWAHATI - 781006 DISTRICT - KAMRUP (METRO) ASSAM. 7:DEEPAK CHOUDHURY SON OF OF LATE DHIRENDRA @ DHIREN KUMAR CHOUDHURY RESIDENT OF MANIK NAGAR GUWAHATI - 781005 DISTRICT - KAMRUP (METRO) ASSAM Advocate for the applicant(s): Mr. RK Mour Advocate for the respondent(s): Mr. A Dhar for respondent Nos. 6 and 7 Ms. M Barman Govt. Advocate, Assam B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH ORDER 09.03.2026 Heard Mr. RK Mour, the learned counsel appearing on behalf of the petitioner. I have also heard Mr. A Dhar, the learned counsel appearing on behalf of the respondent Nos.6 and 7 and Ms. M Barman, the learned Government Advocate, Assam who appears on behalf of the respondent Nos.1, 3, 4 and 5. 2. The petitioner herein has assailed the order dated 18.09.2025 passed in Revenue Appeal bearing Case No.3RA(K)/2025 by the learned Assam Board of Revenue whereby the learned Assam Board of Revenue partly allowed the appeal thereby confirming cancellation of the oral gift deed, mutation order dated 29.11.2024 and further opining that as the legality and validity of the Gift Deed No.3385/1991 and the Mutation orders dated 10.08.1991 and 13.08.1991 were pending adjudication being Title Suit No.63/2025 and till such adjudication, the revenue entries in respect of those lands shall continue in the Page No.# 3/3 name of Late Dhirendra Kumar Chowdhury and his heirs. 3. The learned counsel for the petitioner submits that these observations so made would prejudice the petitioner in the said suit being Title Suit No.63/2025 wherein the petitioner has filed a counter claim. 4. This Court has heard Mr. A Dhar, the learned counsel who represents the learned counsel for the respondent Nos.6 and 7 in that regard. 5. It is a well settled principle of law that the decision of the Civil Courts, more particularly, when dispute of Title is in issue would override any decision made by the Revenue Courts. Under such circumstances, it is the opinion of this Court that when the legality and validity of the Gift Deed No.3385/1991 as well as the Mutation orders dated 10.08.1991 and 13.08.1991 which flow on the basis of the Gift Deed is pending adjudication before the learned Civil Court in Title Suit No.63/2025, the observations made by the learned Assam Board of Revenue in the impugned order dated 18.09.2025 should not prejudice either of the parties in the said Civil Proceedings. 6. Accordingly, this Court disposes of the instant writ petition with an observation that the order dated 18.09.2025 passed in Revenue Appeal bearing Case No.3RA(K)/2025 by the learned Assam Board of Revenue shall not prejudice either of the parties in Title Suit No.63/2025. 7. It is further observed that the findings in the said order dated 18.09.2025 would also not influence the learned Civil Court while deciding the suit. JUDGE Comparing Assistant