DEBESWAR BURAGOHAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) The legality and validity of an order dtd. 28/6/2011 passed by the Addl. Deputy Commissioner (Revenue) Jorhat in an application filed by the respondent nos. 4 and 5 by which ownership rights have been declared as well as the order dtd. 19/9/2020 passed by the learned Assam Board of Revenue whereby, the appeal of the petitioners has been dismissed is required to be examined in this writ petition instituted by invoking Article 226 of the Constitution of India.

(2.) The facts projected in the petition are that the petitioners, who are five in numbers, are the legal heirs of Late Kanak Chandra Buragohain and Jagada Buragohain. According to the petitioners, their predecessors were the absolute owners of a plot of land measuring 17 bighas 4 kathas 1 lecha of KP Patta No. 5, 14 and 33. On the death of their predecessors, the petitioners inherited the aforesaid land and on the strength of such inheritance, their names were inserted in the Jamabandi in the month of January and February, 1981.

(3.) It has further been projected that on 28/10/2010, the respondent nos. 4 and 5 had filed an application before the Addl. Deputy Commissioner (Revenue) Jorhat for correction of the Jamabandi. On such application, the authority registered a case against the predecessors of the petitioners and issued notices to them. It is the case of the petitioners that much prior to the time of institution of the proceeding before the revenue authority, the predecessors of the petitioners, who were the original owners of the land in question, had expired. However, it appears that notices were held to be issued to the aforesaid predecessors.