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2010 Supreme(Gau) 112

P.K.MUSAHARY
Legal Heirs of Late Chittaranjan Das – Appellant
Versus
Chairman, Assam Board – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Mr. A. Sharma, Sr. Advocate and Mrs. S. Sarma
For Respondents/Defendant: None

JUDGMENT

P.K. Musahary, J.

1. Heard Mr. A. Sharma, learned Sr. counsel assisted by Mrs. S. Sarma, learned counsel appearing for the petitioners. None appears for the respondents. The petitioners challenge the judgment and order dated 23.5.2006 passed by the Assam Board of Revenue, Guwahati, in Case No. 51 RA(K)/2004 upholding the order dated 3.3.2004 passed by the Additional Deputy Commissioner, Kamrup, in connection with Misc. Case No. 7/2001-2002.

2. The facts in brief for the purpose of disposal of this petition are that the petitioners are residents of Village Niz-Hajo and legal heirs of late Chittaranjan Das (a lineal descendent of late Lakhipati Das) who died, on 30.7.2005 after hearing and before the pronouncement of the impugned Judgment & Order dated 23.5.2006 passed by the Assam Board of Revenue. The petitioners and the respondents are the owners and possessors of their respective shares of land measuring 1 katha, 1.5 lechas in respect of the plot of land measuring 2 kathas, 3 lechas covered by Dag No. 836 of K.P. Patta No. 31 of Niz-Hajo village under Hajo Mouza in Kamrup district. The respondents filed an application for cancellation of the name of Sri Chittaranjan Das, hu













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