WP(C)/3999/2026 of SRI VINOD KUMAR JAIN AND 3 ORS. Vs THE STATE OF ASSAM AND 4 ORS. on 11 August 2026

ORDER

Date : 12.08.2026

Heard Mr. R.S. Mishra, learned counsel for the petitioners; Mr. A. Bhattacharyya, learned Standing Counsel, Revenue Department for the respondent no. 1; Ms. M. Barman, learned Junior Government Advocate, Assam for the respondent nos. 2 & 4; and Mr. P.P. Dutta, learned Special Prosecutor, CM Special Vigilance Cell for the respondent no. 3.

2. The petitioners had purchased a plot of land from its previous owner by a Sale Deed, registered on 29.04.2025, after obtaining a No Objection Certificate [NOC] for such transfer by way of Sale on 30.07.2024. Thereafter, by a Mutation Order dated 02.06.2025, the petitioners’ names were mutated in respect of the said plot of land and accordingly, their names are reflected in the Jamabandi [Records of Right]. The petitioners have approached this Court by the instant writ petition on the premise that they have recently come to learn that the Mutation Order dated 02.06.2025 had been cancelled by the respondent no. 4 by an Order dated 21.08.2025, which fact came to the knowledge of the petitioners from the copies of the Jamabandi [Records of Right] they had recently obtained. Aggrieved by such cancellation of mutation made earlier in favour of the petitioners by the respondent no. 4 himself, without any notice, the petitioners have preferred an appeal before the respondent no. 2 on 30.04.2026.

3. In this writ petition preferred under Article 226 of the Constitution, the petitioners have sought for setting aside and quashing of the Order dated 21.08.2025 and restoration of the Mutation Order dated 02.06.2025.

4. Taking notice of the fact that the petitioners have already filed an appeal against the Order of Cancellation passed by the respondent no. 4, which is a statutory appeal under Section 147 of the Assam Land and Revenue Regulation Act, 1886, this Court on 31.07.2026 had made a request to the learned Junior Government Advocate, Assam appearing for the respondent nos. 2 & 4 to obtain instructions : whether the respondent no. 2 on filing of the statutory appeal under Section 147 of the Assam Land and Revenue Regulation, 1886 by the petitioners, has entertained it by taking cognizance; and if the same is in affirmative, then the present status of the appeal.

5. Today, Ms. Barman, learned Junior Government Advocate, Assam appearing for the respondent no. 2 has submitted that instruction is received from the respondent no. 2 by way of an Office Letter bearing no. E-175988, LR-33/3/2026-KRC/1073 dated 11.08.2026. Submitting that she has permission to place the same, Ms. Barman has placed a copy of the Office Letter dated 11.08.2026 for perusal of the Court and has also supplied a copy of the same to Mr. Mishra, learned counsel for the petitioner.

6. In the Office Letter, it is mentioned that on filing of the appeal, the office of the respondent no. 2 has registered it as a Misc. Case and after registering the Misc. Case, a notice has already been issued to the petitioners on 09.08.2026 seeking their appearance in a hearing scheduled at 12-30 p.m. on 09.09.2026. By the notice dated 09.08.2026, a copy of which is enclosed with the Office Letter dated 11.08.2026, the petitioners are asked to bring all the relevant and original documents in support of their claims at the time of hearing. It is specifically mentioned that the respondent no. 2 has already taken cognizance on the appeal and the appeal is pending adjudication.

7. In the aforesaid scenario, this Court is of the view that since the statutory appellate authority is presently in seisin of the appeal wherein the Order of Cancellation of Mutation dated 28.01.2025 cancelling the previous Mutation Order dated 02.06.2025 is under examination, the instant writ proceedings would amount to a parallel proceeding.

8. As Mr. Mishra has submitted that the petitioners would participate in the appellate proceedings instituted under Section 147 of the Assam Land and Revenue Regulation, 1886 by responding to the Notice dated 09.08.2026, on 09.09.2026, this writ petition is closed. It is observed that if the petitioners find themselves aggrieved by any order passed in the appellate proceedings they would be at liberty to take recourse to appropriate remedy permissible under the law.

JUDGE Comparing Assistant