MANJULA HAQUE ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in this writ petition is the judgment, dated 20.5.2005, passed by the Court of the Assam Board of Revenue, Guwahati, ( hereinafter, for short, referred to as 'Board of Revenue?), in case No. 107 RA (K)/02 (Annexure-24 to the writ petition) whereby and whereunder the order, dated 4.10.2002, passed by the Settlement Officer, Guwahati in R.A. No. 9 of 2002 (Annexure-16 to the writ petition) upholding the order, dated 18.1.2002, passed by the Asstt. Settlement Officer, Guwahati in Misc. Case No. 29 of 2000, holding, inter alia, that the dispute in between the appellant and respondent are civil in nature and as such civil court can decide the title and accordingly the misc. case was disposed of thereby the appeal filed by the appellant, respondent No.7 herein, was disposed of

(2.) Heard Mr. S. Kalita, learned Counsel for the petitioner and Mr. Shiladitya, learned Counsel appearing for respondent No.7. Also heard Mr. B.N. Gogoi, learned Govt. Advocate appearing for the respondents 1 to 5.

(3.) Admittedly, the petitioner, Smt. Manjula Hoque, was adopted by Md. Amirul Hoque. She happened to be the daughter of his elder brother who died while Manjula was two months old and her mother predeceased him just at her birth time. Since then Majula was living with Amirul Hoque as his only daughter.