PRANAB KUMAR GHOSH Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) The challenge in this writ petition is the judgment, dated 5.5.2008, passed by the Assam Board of Revenue, Guwahati, (hereinafter, for short, referred to as Board of Revenue?) in 10 RA(K)(RVW)/07 whereby and whereunder the petition under Section 7 of the Assam Board of Revenue Act, 1962 filed by the petitioners praying for review of the judgment dated 22.5.2007 passed by the Board of Revenue in Appeal No. 106 RA(K)/2006 has been dismissed.

(2.) The pleaded case of the petitioners, in brief, is that the petitioners purchased 1 katha 10 lechas of land from the respondent No.5 vide sale deed No. 9885 of 2005 duly executed on 12.8.2005 by her which was registered in the office of the Sub-Registrar, Guwahati on 16.8.2005 after obtaining requisite sale permission issued from the office of the Deputy Commissioner, Kamrup, Guwahati vide Memo Dated 8.7.2005 ( Annexure 2) and Guwahati Metropolitan Development Authrity (GMDA) vide order dated 4.8.2005 (Annexure-3).

(3.) Thereafter, the petitioners applied for mutation of the aforesaid land in their names, but the Senior Assistant Settlement Officer, the respondent No. 3 herein, rejected the said prayer by an order dated 5.12.2005 ( Annexure-4) passed in Misc. Case No. 55/05-06 stating inter alia that At present the land is disputed and W. P. C (No.-4082/2005) is pending before the Hon ble Gauhati High Court between Smt. Manjula Haque Islam vs. The State of Assam & others. Since the land applied for mutation is disputed and the name of the seller is struck off from the land records, the petition for mutation cannot be considered for mutation. Hence the petition is rejected.