A. Hazarika, J.

1. The Appellant in the instant appeal, calls in question the legality and validity of the order dated 12.9.2005 passed by the learned Single Judge of this Court in WP (C) No. 5255/2005 allowing the writ petition filed by the Petitioner/Respondent No. 1 herein without hearing the Appellant, who is a necessary party in the case.

2. On an application filed by the Appellant praying for granting leave for preferring appeal, this Court granted him leave vide order dated 19.12.05 and therefore the Appellant before us.

3. We have heard Mr. B.C. Das, Senior Advocate assisted by Mr. D.N. Bhattacharjee, Advocate for the Appellant and Ms. B. Goyal, learned Govt. Advocate, Assam. Inspite of service of notice upon Respondent No. 1/writ Petitioner, none appeared on behalf of the Respondent No. 1, when the matter was called on for hearing.

4. The factual background of the case in brief is that pursuant to sale notice dated 6.6.05 and 1.7.05 issued by the Divisional Forest Officer, Karimganj Division, Karimganj for settling Longai River Sand Mahal No. IV for a period of 2 years, that is, from 28.6.05 to 27.6.07. The Appellant submitted tender for settlement of the said and Maha