INDU PRAVA BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The original writ petitioner who instituted the instant writ petition under Article 226 of the Constitution of India, was one Indu Prava Bordoloi, wife of one Late Saranan Bordoloi. The name of the original writ petitioner, Indu Prava Bordoloi was substituted by her 4 [four] legal representatives pursuant to an order dtd. 20/7/2018 passed in an interlocutory application, I.A.[Civil] no. 372/2018 filed for substitution. In the writ petition, the original party- respondent no. 4 was one Jibon Dutta, who had been substituted by his 6 [six] legal representatives pursuant to an order dtd. 15/3/2019 passed in the interlocutory application, I.A.[Civil] no. 812/2019, filed for substitution.

(2.) An order dtd. 13/2/2012 passed by the Additional Deputy Commissioner [Revenue], Lakhimpur in N.R. Case no. 35/2002 has been challenged in the writ petition.

(3.) From the case records and the averments made in the pleadings, it has emerged that Late Ananta Bordoloi had four sons viz. [i] Upen Bordoloi; [ii] Suraj Bordoloi; [iii] Amulya Bordoloi; and [iv] Saranan Bordoloi. Saranan Bordoloi was the husband of the original writ petitioner, Indu Prava Bordoloi. Late Lilabati Bordoloi, who expired in the year 1968, was the wife of Ananta Bordoloi. Ananta Bordoloi pre-deceased his wife in the year 1963. It is stated that Ananta Bordoloi was owner and possessor of a few parcels of land including one plot of land measuring 16 Lessas, covered by Annual Patta no. 1 and Dag no. 183, located at North Lakhimpur Town Part-I, Mouza - Lakhimpur, District - Lakhimpur [hereinafter referred to as 'the subject-plot', at places, for easy reference].