MAICHANA LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant petition has been filed under Article 226 of the Constitution of India putting to challenge a judgment dt. 5/1/2021 passed by the learned Assam Board of Revenue (hereinafter ABR) in Case No. 6RA(K)/2015 by which the appeal was dismissed and the order dtd. 29/9/2010 passed by the learned ADC, Kamrup (M) in Rayati Case No. 12/2010 was affirmed.

(2.) As per the facts projected, the petitioner had purchased the subject land from one Tagaru Koch by a registered Sale Deed. The said Tagaru Koch had also executed a Deed of Relinquishment. Thereafter, the private respondents who were the recorded pattadar had applied for cancellation of the Rayati khatian and vide the order dtd. 29/9/2010 passed by the ADC, Kamrup (M) and in the aforesaid Rayati Case No. 12/2010, the application was allowed and the Rayati Khatian was cancelled. It is the case of the petitioner that no notice was issued to her before such cancelation and accordingly an appeal was preferred in the learned ABR which was registered as 6RA(K)/2015. The learned ABR, vide the impugned judgment has affirmed the order passed by the ADC, Kamrup and dismissed the same. It is the validity and legality of the order of the learned ABR which is the subject matter of challenge.

(3.) I have heard Shri H. Das, learned counsel for the petitioner. I have also heard Shri S. S. Roy, learned State Counsel for the official respondents whereas Shri N. Alom has appeared for the respondent nos. 5 to 11.