SAMSUDDIN AHMED (MD.) AND ORS. Vs. ASSAM BOARD OF REVENUE AND ORS.
LAWS(GAU)-2018-4-84
HIGH COURT OF GAUHATI
Decided on April 09,2018

Samsuddin Ahmed (Md.) And Ors. Appellant
VERSUS
Assam Board Of Revenue And Ors. Respondents

JUDGEMENT

PRASANTA KUMAR DEKA,J. - (1.) Heard Ms. M. Deb, learned counsel, appearing for the petitioners and Mr. A. Dhar, learned counsel for the respondent Nos. 2 and 3. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam appearing for the State respondents who has produced the records from the office of the learned Addl. Deputy Commissioner (Revenue), Nagaon, Assam in MA Case No. 50/2006-07.
(2.) The present petitioners who are the legal heirs of late Riaj Uddin Ahmed on the basis of their application got their names mutated in the record of rights of KP Patta Nos. 167/185 of Dag Nos. 104/118 purportedly against the share of father, land measuring 1 Bigha 2 Lechas in the aforesaid dags out of land measuring 5 Bighas 2 Kathas 17 Lechas of village Town Nortom in the District of Nagaon, Assam on the strength of their inheritance.
(3.) The names of the present petitioners were mutated by the Circle Officer, Nagaon Revenue Circle vide order dated 14.12.2006. The present respondent Nos. 2 and 3 filed an appeal against the said order dated 14.12.2006 before the Additional Deputy Commissioner (Revenue), Nagaon thereby challenging the order of mutation of the names of the present petitioners which was registered as M.A. No. 50/2006-07. Notices were issued against the present petitioners in the MA No. 50/2006-07 before the Addl. Deputy Commissioner (Revenue), Nagaon. On receipt of the said notice, the petitioners through their appointed attorney, namely one Ms. Hasina Begom filed the written objection on behalf of the present petitioners who were impleaded as the respondent Nos. 1 to 5 in the said appeal. The said objection was filed on 29th October, 2007 and the copy of the same was received by the learned counsel appearing on behalf of the present respondent Nos. 2 and 3 on 19.11.2007 as apparent from the records of said MA Case No. 50/2006-2007.;


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