Shasadhar Mahanta @ Sasadhar Mahanta Vs the State of Assam and 6 Ors.

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.

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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

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name of Late Dhirendra Kumar Chowdhury and his heirs.

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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.

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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.

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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.

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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.

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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.

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JUDGE

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Comparing Assistant

Shasadhar Mahanta @ Sasadhar Mahanta v. the State of Assam and 6 Ors.

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Shasadhar Mahanta @ Sasadhar Mahanta v. the State of Assam and 6 Ors.

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