D.N. Baruah,J-These two writ petitions challenge the orders passed by the Commissioner of Lower Assam Division setting aside the settlement of land, culminating in grant of periodic patta in exercise of powers under Rule 26 of the Rules framed under Assam Land and Revenue Regulations,

2. Petitioners urged before a Division Bench of this Court that once a periodic patta is issued in pursuance of an order of settlement, power under Rule 26 cannot be exercised. In support of the contention reliance was placed on the decision of this Court in Sona Mura vs. Charthey Teron, AIR 1951 Assam 41, and a decision of a Division Bench of this Court in State of Assam vs. Saifat Ali, AIR 1967 Assam & Nagaland 3. The contesting respondents, on the other hand canvassed the correctness of the decisions. Both these Civil Rules have been referred to Full Bench on account of importance of the question involved.

3. The facts of both Civil Rules are similar. These may be stated as follows : On 22.2.58, Sub Divisional Officer, Barpeta, settled 18 bighas of land in favour of late Damabrudhar Deka, predecessor-in-interest of the petitioners in Civil Rule No. 1117 of 1986 and 18 bighas of land in favour of Jibo

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