HRISHIKESH ROY
Dipak Kumar Choudhury – Appellant
Versus
State of Assam and Ors. – Respondent
Heard Mr. K Sarma, learned counsel appearing for the petitioner. The State respondents are represented by Mr. J Handique, the learned Govt. Advocate, while the respondent No.3 is represented by Dr. G Lal, Advocate.
2. The matter pertains to a mutation dispute and the petitioner challenges the judgment dated 20.8.2009 (Annexure-5) in Case No.R.A.(K)-11/2009, rendered by the Assam Board of Revenue (hereinafter referred to as ‘the Revenue Board’), whereby the Appeal filed by the respondent No.3 against the order of the Settlement Officer dated 31.12.2008, granting mutation to the petitioner was allowed and the impugned order of the Settlement Officer was quashed by the Revenue Board.
3. The original pattadar of the land measuring 5 Bighas 10 Lechas covered by Dag No.565 of Periodic Patta No.32 of village Hengrabari under Beltola Mouza was Late Hema Prabha Choudhury, wife of Late Rohini Kumar Choudhury. The petitioner bases his claim as the grandson of the original pattadar, through his father Late Prabin Choudhury.
4. On the other hand, the respondent No.3 Smti Sagarika Basumatary purchased the land through two sale deeds dated 4.9.2007 and 11.9.2007, executed by the three vendors,
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