PINAK KANTI ROY S/O Vs. THE STATE OF ASSAM
HIGH COURT OF GAUHATI
Pinak Kanti Roy S/O
The State Of Assam
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SUMAN SHYAM,J. -
(1.) Heard Mr. N. Dhar, learned counsel for the writ petitioner. Also heard Mr. S.R. Baruah, learned Govt. Advocate, Assam appearing for the respondent Nos. 1 to 5 as well as Mr. M.H. Rajbarbhuyan, learned counsel appearing for the respondent Nos. 6, 7 and 8.
(2.) The order dated 07-10-2010 passed by the Assam Board of Revenue in Appeal Case No. 101 RA(KJ) of 2007 is under challenge in this writ petition. By the impugned order, the learned Chairman of the Assam Board of Revenue has set aside the order dated 22-02-2006 passed by the Settlement Officer in Misc. Case No. 02/2006 granting mutation in favour of the writ petitioner in respect of the land in question.
(3.) It appears from the record that the writ petitioner had applied for mutation in respect of two plots of land covered by Dag No. 453 in Khatian No. 69 of Mouza- Karnamadhu Part-I, Paragona Kushiarkul of Karimganj district and land covered by old Dag No. 538, 540 under Khatiyan No. 77 of the same mouza. The aforesaid land was apparently purchased by the respondent Nos. 6, 7 and 8 on the basis of sale deed No. 5266 dated 22-11-2005 and therefore, the private respondents have challenged the order of mutation granted in favour of the writ petitioner on the ground that the purchase made by Sri Lal Mohan Bhattacharjee i.e. the predecessor-in-interest of the writ petitioner is invalid.;
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