JUDGMENT : Heard Mr. A.R. Bhuyan, learned counsel for the petitioners. Also heard Mr. S.M.T. Chistie, learned counsel for the respondents no. 1, 2 and 4 being the authorities under the Secondary Education Department, Government of Assam and Mr. P. Saikia, learned counsel for the respondent no. 3 being represented by the Deputy Commissioner, Bongaigaon. Also heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. N. Haque, learned counsel for the respondents no. 5 and 6 being the authorities of Eunus Ali High School, Kokila in the Bongaigaon district. 2. The petitioner Adam Ali and others claim their right, title and interest over a plot of land measuring 4B 1K 18L covered by Khatian No. 57 Dag No. 149 of village Kakila Uttarpara under the Srijangram Revenue Circle. It is stated that the land in question presently bears Patta No. 10/29(New) and Dag No. 149/183(New). 3. The petitioners raise a dispute of right, title and interest over the said plot of land against the respondent no. 5 school namely Eunus Ali High School, Kokila saying that the Eunus Ali High School had incorrectly proceeded for provincialising the school on a premises that the petitioner had donated the said land. 4. For the purpose of the writ petition, we are not going into the question involved on the said dispute raised by the writ petitioners as to who between the petitioners and the respondent no. 5 Eunus Ali High School have the right, title and interest over the land in question nor we are expressing any view on the merit of the respective claims. For the purpose of this writ petition, we take note of that in respect of the said dispute regarding the right, title and interest over the land in question, a civil suit being Title Suit No. 44/2019 in the Court of learned Civil Judge, Bongaigaon is presently pending wherein notices had already been issued to the respondent no. 5 Eunus Ali High School as per the order 28.05.2019. 5. Be that as it may, the Eunus Ali High School being a Venture Educational Institute is being subjected to a process of provincialisation of its teaching and non-teaching staffs under the Assam Education (Provincialisation of Services of the Teachers and Re-Organisation of Educational Institutions) Act, 2017 (in short Act of 2017). 6. 5. Be that as it may, the Eunus Ali High School being a Venture Educational Institute is being subjected to a process of provincialisation of its teaching and non-teaching staffs under the Assam Education (Provincialisation of Services of the Teachers and Re-Organisation of Educational Institutions) Act, 2017 (in short Act of 2017). 6. This writ petition is instituted with the following prayers: “In the premises of aforesaid it is prayed that your Lordship may graciously be pleased to admit this writ petition, call for the records and issue Rule, calling upon the Respondents to show cause as to why a writ in the nature of Certiorari, Mandamus and/ or any other writ should be issued to: (a) set aside/ quash the process for provincialisation initiated by the State Respondents in the Education Department, for the purpose of provincialisation of services of employees of Eunus Ali High School; (b) direct/ command the State Respondents to take into account the Representations dated 26/08/2020 submitted by the Petitioners before the Respondents. (c) direct/ command the Respondents more particularly the Respondent no. 1 to cause an administrative inquiry for the aforesaid corruption conducted by the State Respondents to take over the land of the Petitioner for the purpose of provincialisation of services of the employees of Eunus Ali High School in the district of Bongaigaon in violation of provision of Section 3 of The Assam Education (Provincialisation of Services of The Teacher and Re-Organization of Educational Institutions) Act, 2017; -AND- Upon cause/ causes being shown by the respondents and on perusal of records and hearing the parties be pleased to make the Rule absolute. -AND- INTERIM PRAYER In the interim pending final disposal of this writ petition, this Hon’ble Court may be pleased to pass an ad-interim order by staying/ suspending the process of provincialisation undertaken by the State Respondents for the employees of Eunus Ali High School in the district of Bongaigaon, Assam. And for this act of kindness the humble petitioners will remain ever grateful to your Lordships.” 7. A reading of the prayers in the writ petition would go to show that the petitioners seek for a direction from the Court to interfere with the process of provincialisation of the respondent no. And for this act of kindness the humble petitioners will remain ever grateful to your Lordships.” 7. A reading of the prayers in the writ petition would go to show that the petitioners seek for a direction from the Court to interfere with the process of provincialisation of the respondent no. 5 Eunus Ali High School on the premises that the land in question over which the school is located is disputed by the writ petitioners claiming it to be their land. 8. Prima facie in order to accept such contention on behalf of the petitioners for the purpose of the prayers made therein, we are required to arrive at a conclusion as regards the right, title and interest of the petitioners over the land in question. It would be improper for the Court under Article 226 of the Constitution of India to arrive at any such conclusion as to who between the petitioners and the respondent no. 5 have a better right, title and interest over the land in question, more so, in view of the fact that a civil suit being Title Suit No. 44/2019 is pending between the parties on the aforesaid question. 9. Mr. A.R. Bhuyan, learned counsel for the petitioners also refers to the provisions of Section 3(1)(iii) of the Act of 2017 to point out that for a Venture Educational Institution to be provincialised, there is also a requirement that the institution must have the land in their name with clear and exclusive title and possession. 10. Mr. A.R. Bhuyan, learned counsel for the petitioner contends that there being a dispute over the right, title and interest over the land in question where the respondent no. 5 Eunus Ali High School is located, the requirement of Section 3(1)(iii) of the Act of 2017 is not satisfied in the present and therefore, the further provincialisation cannot be carried forward. 11. We have gone through the provisions of Section 3(1)(iii) of the Act of 2017. The applicability of the provisions of the said Section would be limited for the Elementary Education Department, Assam to take their call as to the entitlement for provincialisation of the respondent no. 5 Eunus Ali High School. 11. We have gone through the provisions of Section 3(1)(iii) of the Act of 2017. The applicability of the provisions of the said Section would be limited for the Elementary Education Department, Assam to take their call as to the entitlement for provincialisation of the respondent no. 5 Eunus Ali High School. For the purpose of interfering with the process of provincialisation, the petitioner Adam Ali and others of this writ petition would be strangers and they cannot have any claim to dictate over the Education Department as to whether the process of provincialisation is to be carried forward or not. 12. From the said point of view, we are unable to accept the contention of Mr. A.R. Bhuyan that based upon the provisions of Section 3(1)(iii) of the Act of 2017, there is a requirement to interfere with the process of provincialisation of the respondent no. 5 Eunus Ali High School. 13. Accordingly we do not find any merit in this writ petition and the writ petition would require a dismissal. 14. But however, as regards the claim of the petitioners for right, title and interest over the land in question, the parties would be governed by any decision that may be arrived at by the Civil Court in Title Suit No. 44/2019 or any further proceeding that may be related thereto. 15. We also make it clear that the dismissal of this writ petition or to that effect any order of provincialisation if made by the Elementary Education Department, Assam shall not be an additional ground in favour of the respondent no. 5 Eunus Ali High School in the civil suit between the parties for claiming their respective right, title and interest over the land in question and such right, title and interest would be confined to the respective claims of the parties in the civil suit. Any decision by the Civil Court on the question of right, title and interest of the parties would also be binding on the successors-in-interest of the respondent no. 5 Eunus Ali High School, and the provincialisation if made would have an effect on such decision by the Civil Court. 16. Writ petition stands dismissed in the above terms. 17. Interim order dated 28.01.2021 accordingly stands vacated.