The main legal point established in the judgment is the finality of the judgment and decree dated 14.11.1988, and the entitlement of the applicants to execution of partition under Regulation 116-A.

B.K. Sharma, J.

1. By means of this writ petition, the petitioners have put to challenge the judgment and order dated 8.4.2008 passed by the learned Member, Assam Board Revenue, Guwahati in Case No. 46RA(DBR)/06 directing the Deputy Commissioner, Dhubri to dispose of the prayer for partition made by the applicants, who are the respondents herein, in terms of the judgment and decree dated 14.11.1988 passed in Title Suit No. 10.1975. By the impugned judgment and order, the particular Khatian issued, which was also put to challenge, has been held to be not as per the Assam Tenancy Act, 1971 and consequently, the same has been cancelled. Being aggrieved, the petitioners have filed the instant writ petition.

2. Late Nidhu Rani Khullar brought a suit during her lifetime against one Bechu Kumar and others being Title Suit No. 10/1975 in the Court of the learned Assistant District Judge, Dhubri praying for a decree of partition and khas possession. It appears that initially, the suit was dismissed as not maintainable, but an appeal, being F.A. No. 88/1979, this Court by judgment and order dated 3.8.1987 held the suit to be maintainable. Accordingly, the suit was remanded to the Court of the learned District Judge, Dhubri to decide the same in accordance with law.

3. The aforesaid suit was decreed by judgment and order dated 14.11.1988 and the same became final in absence of any appeal against the same. Be it stated here that the applicants in the appeal before the Assam Board of Revenue are the respondents No. 1 to 10 in the writ petition, the legal heirs of Late Nidhu Rani Khullar being her sons and daughters. Referring to the claim of the plaintiff for partition of her share of the land in question, it was held that the plaintiff was entitled to a decree of partition in respect of her share of the land. Accordingly, the suit for partition was decreed on contest with costs against the contesting defendants and without costs against others. A preliminary decree was directed to be drawn and accordingly, same was also drawn.

4. After the aforesaid judgment and decree, Nidhu Rani Khullar, the predecessor-in-interest of the applicants before the revenue board applied for partition before the Deputy Commissioner-cum-Collector. The petition, in due course, was transferred to the Settlement Officer for necessary action, who in turn forwarded the same to the Assistant Settlement Officer. It is on record that the name of the predecessor-in-interest of the applicants before the Board of Revenue i.e. Late Nidhu Rani Khullar was mutated as the rightful owner of the plot of land. After her death, the legal heirs namely, the applicants before the Assam Board of Revenue, who are the respondents herein, got their names mutated in respect of the said plot of land.

5. From the materials on record, it appears that the Assistant Settlement Officer by his order dated 27.5.1993 passed in the aforesaid petition, registered and numbered as Case No. 3/92-93 granted the partition prayed for making the same effective from 1st April, 1994. The order was passed under Regulation 116 of the Assam Land and Revenue Regulation. It was the grievance of the respondents that the official respondents instead of performing the partition in letter and spirit through physical process, issued the order on 27.5.1993 only showing granting of the imperfect permission. According to the respondents, the order was not in strict compliance of Section 116-A of the Regulation as the same was not followed by physical handing over of the land in issue, if necessary, by evicting the occupants, if any. The respondents were further aggrieved by the action of the Assistant Settlement Officer in granting Rayati Khatian in favour of one Atowari Kumarini, since deceased and represented by the petitioners.

6. It is in the aforesaid facts and circumstances, the respondents filed an application under Section151 of the Assam Land and Revenue Regulation, 1986 before the Assam Board of Revenue pra