CRP 248/2011 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Ms. R Choudhury, learned counsel for the petitioner and Dr. B Ahmed, learn ed counsel appearing for all the respondents. The petitioner, who is the plaintiff in Title Suit No.9/2010, by the present pet ition has challenged the order dated 30th June, 2011 passed by the learned Civil Judge, Bongaigaon in Misc. Appeal No.7/2010, whereby and whereunder the appeal preferred challenging the order dated 30th June, 2010 passed by the learned Muns iff, North Salmara, Abhayapuri in Misc. (J) Case No.4/2010 has been dismissed. It has been contended by the learned counsel for the petitioner that the learned Appellate Court has dismissed the appeal refusing to grant the injunction only on the ground that the petitioner subsequently have filed the application prayin g for amendment of the schedule to the property by deletion of the words Part 9 2 and for changing the description of the northern boundary of the Schedule. I t has been submitted that the learned Court below did not consider as to whether the petitioner is in possession of the land covered by Dag No.139 of KP Patta N o.102 of Village- Bowalimari under Srijangram Revenue Circle. It has also been submitted that since the land in Dag No.92 (Ka and Kha) belongs to the Irrigatio n Department, the petitioner does not have any claim over the said land and he h as prayed for injunction in respect of the land belonging to him covered by the aforesaid Dag No.139. Dr. Ahmed, learned counsel appearing for the respondents, on the other hand, has submitted that admittedly the land in Dag No.92 (Ka and Kha) belongs to Irrigat ion Department and, therefore, the petitioner cannot have any right and claim fo r injunction in respect of the said land. It has also been submitted that the De partment has no intention or would not make any construction over the land cover ed by Dag No.139 of Patta No.102, which the petitioner claims to be his land and all necessary constructions would be made in Dag No.92 (Ka and Kha), which land belongs to the Department. Having regard to the aforesaid submission made as well as the claim of the petit ioner/plaintiff and the injunction as prayed for, the revision petition is dispo sed of restraining the respondents from making any construction over the land in Dag No.139 of Patta No.102 of Village- Bowalimari under Srijangram Revenue Circ le in the district of Bongaigaon. The respondents, however, may raise the constr uction over the land in Dag No.92 (Ka and Kha), which land, admittedly belongs t o the Irrigation Department. This order will remain in force till the disposal of the suit. Revision petition stands disposed of. No costs.