RAHILA KHATUN Vs. JIBAN KRISHNA PAUL

JUDGEMENT

(1.) IN challenge is the judgement and order dated 21.03.2007 passed in WP(C) No. 4670/1999 negating the impugnment by the present appellant, of the order dated 29.6.99, rendered by the Assam Board of Revenue, Guwahati (hereinafter for short, referred to as Board), in Revenue Appeal No. 103 RA (DBR)/98.

(2.) WE have heard Mr. T.C. Khatri, learned senior counsel for the appellants and Mr. B. Banerjee, learned counsel for the respondents No. 1 to 10. Mr. P.S. Deka, learned State Counsel appearing for the Govt. of Assam is also heard.

(3.) MR. Khatri has urged that as the respondents No. 1to 10 had applied for mutation of the land covered by Dag No. 116 in Khatian No. 174, the grant of mutation in their favour in respect of the land covered by Dag No. 313 in the same Khatian is illegal and per se untenable. The learned Board of Revenue as well as the learned Single Judge having overlooked this vital aspect of the controversy, interference with the impugned judgement and order, is warranted in the interest of justice.