MD. AZAD ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. Nath, learned counsel for the petitioner and Ms. N. Bordoloi, learned counsel for the respondent 1 and 2. Also Heard Ms. S.D.Saikia, learned counsel appearing on behalf of private respondent nos. 3 to 9.

(2.) The present petitioner purchased a plot of land from the original owner by way of a valid Registered Sale Deeds and on the strength of the said purchase the name of the petitioner was mutated over the land covering original Dag No. 352 of Village Balajan under Golokganj Revenue Circle measuring 10 Bighas 1 Katha 5 lessas which was standing in the names of Fazal Uddin Sk, Mosoruddin Sk, Kasaruddin Sk and Mohiruddin Sk. Out of the said total land measuring 10 Bighas 1 Katha 5 lessas, the petitioner purchased land measuring 2 Bighas 2 Kathas 10 Lechas and during the Re-Settlement Operation a separate Patta No. 499 and New Dag No. 595/163 was issued in the name of the present petitioner namely Azad Ali Sk.

(3.) Being aggrieved on the action of the Settlement Officer of issuing a separate Patta No. 499 out of the Joint Patta, the legal heirs of the said owners filed Misc Case No. 33/2015 before the Settlement Officer, Dhubri praying for cancellation of the Patta in the name of the petitioner. Vide order dated 06.02.2016, the Settlement Officer, Dhubri directed to cancel the Patta No. 499 issued in favour of the petitioner in Misc Case No. 33/2015. Being aggrieved, the petitioner filed an appeal under Section 147 read with Section 151 of the Assam Land and Revenue Regulation, 1886 against the order passed by the Settlement Officer, Dhubri which was registered as Case No. 30RA (DRB)/2016 before the Hon'ble Assam Board of Revenue.