SATYA NARAYAN GUPTA Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. S. Banik, the learned Counsel appearing for the petitioners. Also heard Mr. P.S. Deka, the learned Government Advocate representing the respondent Nos.2, 3, 4 & 7. The learned Sr. Counsel Mr. K. Agarwal appears for the two contesting respondent Nos.5 & 6.

(2.) This matter pertains to a mutation dispute relating to land owned by a 3rd party i.e. M/s Assam Frontier Tea Limited. Initially on the strength of the order dated 18.8.1995 in the Misc. Case No.4/1995, the Circle Officer Doomdooma corrected the record of rights of land measuring 2 Bigha 4 Katha 5 Lechas covered under Dag No.98, 99, 100 & 101 of Hukanguri Mouza F.C. Grant No.110 in favour of Satya Narayan Gupta and Sitaram Gupta (writ petitioners) on the basis of their possession of the land. This order was preceded by the direction given by the D.C., Tinsukia on 28.6.1995.

(3.) The above mutation order came to be challenged after a long gap by the respondent Nos.5 & 6 before the D.C., Tinsukia, through their application dated 21.5.2007 (Annexure-III). In this application, the respondents referred to the Title Suit No.83/1975 filed by their predecessor Late Ram Singhashan Prasad Mallah and the Decree passed in the said suit by the learned Munsiff No.1, Tinsukia on 28.8.1982 and the dismissal of the resultant Civil Revision No.261/1982 by the High Court on 2.11.1989, by rejection of the case filed by the petitioner Satya Narayan Gupta. The attempt of the judgment-debtor to stall the title execution case was also indicated in their application. It was also contended that in respect of the land measuring 4 Katha 1 Lecha covered under Dag No.99, the writ petitioners were never in possession and in fact a Court of competent jurisdiction had already declared the possession of the private respondents for land measuring 4 Katha 11 Lecha under Dag No.99.