DIGANTA DAS AND 6 ORS Vs. SUB-DIVISIONAL OFFICERC, RANGIA AND ORS SUB-DIVISION
LAWS(GAU)-2018-1-188
HIGH COURT OF GAUHATI
Decided on January 17,2018

Diganta Das And 6 Ors Appellant
VERSUS
Sub-Divisional Officerc, Rangia And Ors Sub-Division Respondents

JUDGEMENT

Suman Shyam, J. - (1.) Heard Mr. G.P. Bhowmik, learned Sr. counsel for the petitioners. Also heard Ms. M. Bhattacharjee, learned Addl. Sr. Govt. Advocate, Assam appearing for the official respondent. None appears for the private respondents despite the name of the learned counsel having been reflected in the cause list. This matter was taken up for hearing on 09-01-2018 and 11- 01-2018 and on both the occasions, the hearing of this case was adjourned due to nonavailability of the learned counsel for the private respondents. Today also when the matter is taken up, Mr. Bhowmik submits that despite giving proper intimation about this case, the learned counsel for the private respondents has not shown any interest to come and argue in this case. Under the circumstances, this Court is left with no other option but to proceed with the matter.
(2.) The dispute in this case relates to prayer for perfect partition of an ancestral plot of land belonging to the petitioners and the private respondents. It appears from the record that the respondent No. 3 had earlier filed an application seeking "perfect partition" of the ancestral land belonging to both the parties. The land is covered by two separate K.P. Patta Nos. 74 and 636 of Rangia Town, Panduri Mouza under Rangia Revenue Circle. By the order dated 21-08-1997, the learned Sub-Divisional Officer (Civil), Rangia had allowed the prayer for perfect partition made by the respondent No. 3.
(3.) Aggrieved by the order dated 21-08-1997, the writ petitioners had filed an appeal being Case No. 98 RA(K)/2005 before the Assam Board of Revenue, which was dismissed by the judgment and order dated 01-09-2011 thereby upholding the order dated 21-08-1997 passed by the SDO(C), Rangia. Assailing the judgment and order dated 01-09-2011, the petitioners are before this Court by filing the present writ petition.;


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