WP(C) 868/2009 BEFORE HON’BLE MR JUSTICE B P KATAKEY The petitioners in this petition have challenged the order dated 12th August 200 8 passed by the Assam Board of Revenue in case no.6RA(K)/2008, where by and wher e under the appeal preferred by the respondent no.4 was allowed by setting aside the orders dated 18th November 2005 passed by the Settlement Officer, Guwahati and dated 24th December 2007 passed by Assistant Settlement Officer, Guwahati in MC no.1/99-2000 and remanded the matter to the Settlement Officer, Guwahati for disposal of the proceeding afresh in accordance with law. I have heard Mr Goswami, learned counsel for the petitioner and Mr J Han dique, learned state counsel appearing for the respondent nos.1, 2 & 3. None app ears for the respondent no.4, despite reflecting in the cause list the name of t he learned counsel. The respondent no.5 has not entered appearance. During the course of argument, learned counsel for the petitioner has su bmitted that the respondent no.4 had instituted a suit, being TS no.211/2008, in the Court of the learned Civil Judge(Senior Division), Guwahati, for declaratio n of its right, title and interest over the land in question, and the suit is no w pending for disposal. Since the suit is already instituted in respect of the said land for dec laration of right, title and interest, there is no necessity of proceeding furth er with this proceeding, wherein the question of granting mutation is involved, as decree that may be passed by the Civil Court will govern the question of muta tion. That being the position, the present writ petition is disposed of with a n observation that the Civil Court, while deciding the aforesaid suit, would not be influenced by any observation made by the Assam Board of Revenue. No costs.