HASMAT KHAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Considering the subject matter involved, the grounds of challenge, the various orders passed in the subject including orders passed by this Court and as agreed to by the learned counsel for the parties, this writ petition is taken up for hearing and disposal at the motion stage itself.

(2.) An order dtd. 18/7/2005 passed by the learned Assam Board of Revenue (hereinafter ABR) is the subject matter of challenge in this petition filed under Articles 226 and 227 of the Constitution of India.

(3.) The subject matter of the case before the learned ABR was in connection with a plot of land measuring 17 Bighas 2 Katha 6 Lechas. The aforesaid appeal was instituted by one Dipendranath Goswami which was in the form of an appeal against an order dtd. 9/1/2004 passed by the Sub-Divisional Officer (Sadar), Barpeta in T.R. Case No. 80/2003-04. Certain persons who were arrayed as respondent nos. 5 to 10 in the said appeal had applied for ownership right over the aforesaid plot of land covered by Dag No. 318 of Nisf Khiraj and Patta No. 1 of village Ganakpara of Mouza Chenga in the district of Barpeta. The appellant therein had contended that such application was filed by suppressing the actual facts and by misrepresentation. However, the application which was registered as T.R. Case No. 80/2003-04 was allowed. Amongst various grounds taken in the appeal, it was contended that notices were not issued and without such notice, orders under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 was passed.