A. Raghuvir, C.J.—

The order of the Board of Revenue dated June 7, 1982 in Case No. 114 RA/1981 is assailed in the writ petition.

The proceedings originated before the Assistant Settlement Officer and before that authority there were three parties. The first party consisted of Devendra Charan Deka, Rameswar Kalita and Narayan Chandra Das. The second party Harimati Das. The third party are Jadav Chandra Deka, Tarun Chandra Barua and Ramesh Chandra Barua. The Assistant Settlement Officer held that in the place of Jina Ram Das, son of Jhanpati the name of Harimati Das be substituted. Jina Ram Das was not a party in the proceedings. The order thus was in violation of the principles of audi alteram pattern.

The order of the Assistant Settlement Officer was confirmed by the Settlement Officer on March 6, 1981 in two appeals holding the title of Hariraati Das is established per Deed Nos, 4067 of 1958 and 2022 of I960. On a further appeal to the Board of Revenue it held "When the question of title and possession have been decided by the civil Court, the impugned order cannot be sustained and these are liable to he set aside" therefore the appeal was allowed. Hence the writ petition by Harima

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