(1.) I have heard Mr. P. C. Deka, the learned counsel appearing on behalf of the petitioners and the learned Government Advocate, Assam appearing on behalf of the respondents.
(2.) An eviction proceeding bearing Encroachment Case No. 101/92-93 was initiated by the Deputy Commissioner, Golaghat under Rule 18 (2) of the Assam Land Revenue Regulation Rules against one Bhadreswar Tanti pertaining to land of Dag No. 94/219 and 108 measuring 9 bighas and odd. Against that proceeding/notice said Bhadreswar Tanti preferred revenue appeal before the Assam Board of Revenue in Case No. 89 RS (GLT)/93/90 RA (GLT)/93 and the Assam Board of Revenue vide judgment dated 19-8-1996 (Annexure-VI) allowed the appeal and quashed the eviction proceeding/notice issued by the Deputy Commissioner, Golaghat. The case of the present petitioners is that the land under the aforesaid Dag number along with other land had been allotted to the petitioners and advance possession was also handed over in April, 1990. The Advance Possession Certificate issued by the Circle Officer, Golaghat Revenue Circle is available under Annexure-III at page 19 which is reproduced below :-
(3.) Since Bhadreswar Tanti, the present respondent No. 4 had not made the present petitioner party before the Assam Board of Revenue, the present petitioner was in dark regarding pendency and disposal of the said revenue case. Getting information subsequently, the present petitioner filed an application before the Assam Board of Revenue seeking review of the order dated 19-8-1996 and that review petition has been registered as Case No. SRA(GLT)RVW/96/Case No. 6RA(GLT)RVW/96 and by order dated 5-8-1997 the Assam Board of Revenue dismissed the petition holding, inter alia, that since the petitioner was not a party in the revenue appeal, it earned no right to seek for review.