BEGUM NASIMA AHMED Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. A. Ikbal, learned counsel appearing for the writ petitioner. I have also heard Ms. N. Bordoloi, learned Standing Counsel, Assam Board of Revenue, appearing for the respondent No.1 as well as Mrs. M. Hazarika, learned senior counsel assisted by Mr. M. K. Borah, learned counsel representing the respondent No.2.

(2.) This writ petition has been preferred against the judgment and order dated 05.09.2018 passed by the Assam Board of Revenue, Guwahati in Case No.76RA(k)/2017 allowing the appeal preferred by the respondent No.2 thereby setting aside the order of mutation earlier granted in favour of the writ petitioner. The respondent No.2/appellant had made a claim before the Board of Revenue that the plot of land measuring 2 Bigha 3 Kathas covered by Dag No.215(Old)/700 (New) of Patta No.44/214/215 (old)/362/422 (new) of village Khanapara, Lat No.II under Mouza - Beltola falling in the Dispur Revenue Circle originally belonged to her father Late Fakira Kachari who had expired on 02.02.1969 leaving behind the respondent No.2/appellant and her mother Smti. Puwali Bala Garo as the surviving legal heirs. After the death of Puwali Bala Garo, the respondent No.2 had applied for mutation of her name over the said plot of land whereafter, it transpired that the names of the writ petitioner and Dr. Thaneswar Baruah were already recorded in respect of a part of the said land. When the application for cancellation of the mutation granted in favour of the writ petitioner and Dr. Thaneswar Baruah was rejected by the learned Additional Deputy Commissioner, Kamrup(M) vide order dated 17.11.2017 passed in connection with KRC(M)/975/213, the respondent No.2 as appellant had approached the Assam Board of Revenue by filing the aforementioned appeal.

(3.) By the impugned order dated 05.09.2018, the prayer made by the respondent No.2/appellant for cancellation of mutation was allowed by the learned Board of Revenue inter-alia on the ground that there is no evidence to support the order of mutation granted in favour of the writ petitioner and Dr. Karabi Baruah i.e. the daughter of Dr. Thaneswar Baruah who were impleaded as respondent Nos.3 and 4 in that appeal. The operative part of the impugned judgment and order is reproduced herein below for ready reference :-