JINTU DAS & ANOTHER Vs. ASSAM BOARD OF REVENUE & OTHERS
LAWS(GAU)-1994-7-25
HIGH COURT OF GAUHATI
Decided on July 12,1994

Jintu Das And Another Appellant
VERSUS
Assam Board Of Revenue And Others Respondents

JUDGEMENT

J.N. Sarma, J. - (1.)This application under Art. 226 of the Constitution of India has been filed against the order dated 13.6.94 passed by the learned Chairman, Assam Board of Revenue in Appeal Case No,135E (T) of 1993. That order is at page 33 and the same is quoted below :
"File called from the office. Now I find that the 3rd Member has asked for hearing which power does not strictly follow from section 3 (6). This power is vested with the Full Bench. This case is necessarily to be heard by the Full Bench in view of the changed circumstances.

Fix 24.6.94 for hearing by the Full Bench, consisting of self/Shri Barua/Shri Barkataki."

(2.)Earlier on 20.1.94 this appeal was heard by a Division Bench of the Assam Board of Revenue and the judgment was reserved. On 16.5.94 the Chairman passed the following order:
"Since the view of the two members consisting the Bench differ, the case is referred to the third member Shri BN Barkataki under section 3 (6) of the Assam Board of Revenue Act, 1962."

(3.)The order dated 23.5.94 and the order dated 10.6.94 passed by the third Member are quoted below :
"23.5.94 : Seen the order consisting third Member Bench dated 16.5.94 by the Chairman, Assam Board of Revenue, Guwahati under section 3 (6) of the Assam Board of Revenue Act.

Issue notice on the parties concerned. Fix 10.6.94 for hearing 10.6.94 : Learned counsel for both the parties are present. They are allowed to obtain photostat copy of these two judgments already in this file as prayed for. Hearing adjourned till 22.6.94."



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