Judgment

1. Leave granted

2. These civil appeals arise out of common judgment dated 06.05.2005 passed by the Division Bench of the High Court of Guwahati in W.A. No. 512 of 2002, which in turn, arises out of judgment dated 26.02.2001 passed by the learned Single Judge in W.P. No. 2234 of 2000 and W.P. (Civil) No. 5628 of 2004 arising out of order dated 23.02.1998 passed by the Board in Case No. 42RA(K) of 1996.

3. By impugned judgment, the Division Bench allowed the writ appeal and writ petition filed by the State of Assam, in consequence, set aside the order dated 23.02.1998 passed by the Board at Guwahati impugned in the writ petition and also set aside the order dated 26.02.2001 passed by the learned Single Judge in W.P. No. 2234 of 2000.

4. The question arises for consideration in these appeals is whether the High Court was justified in allowing the writ appeal and the writ petition filed by the State thereby was justified in setting aside the order of the Board impugned in the writ petition?

5. In order to appreciate the issue involved in these appeals, it is necessary to state the facts in detail infra.

6. The dispute relates to the agricultural land measuring 59 Bighas 1 Katha 14