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2017 Supreme(Gau) 1294

ACHINTYA MALLA BUJOR BARUA
TOTA MIA – Appellant
Versus
MD. AJIJUR RAHMAN MOLLA – Respondent


Advocate Appeared:
For the Appellant :Mr. A.R. Sheikih, Mr. M.U. Mondal, Mr. H.R. Ahmed and Mr. M. Hussain, Advocates.
For the Respondent:Mr. P.K. Kalita, Mr. G.J. Saikia and Mr. N. Das, Advocates.

JUDGMENT :

A.M. BUJOR BARUA, J.

1. Heard Mr. H.R. Ahmed, learned counsel for the petitioner. None appears for the respondent Nos. 1(i) to 1(vi), 2, 3(i) to 3(xiii) and 4, when the matter is called upon and taken up for hearing. Mr. K.K. Upadhyay, learned Junior Government Advocate appears on behalf of the respondent Nos. 5 and 6.

2. In this writ petition, an order dated 27.04.2009 passed by the learned Assam Board of Revenue in Case No.98RA(DBR)/2008 has been assailed. The basic facts leading to this writ petition is that a plot of land measuring 5 Bigha covered by Dag No.315/477 under Khatian No.285, Patta No.168 of village Sadhubhasa Part-II under Bogribari Circle in the district of Dhubri was purchased by one Khabiruddin Ahmed and Jamila Khatun, being the father and mother, respectively of the petitioner. It is stated that the said purchase was made by a registered Sale Deed No.2961/1980 and it was executed on 22.03.1980. It is stated that the purchase was made from one Md. Mofizuddin, son of late Hazi Ahmed. It is also the case of the petitioner that the said land was duly recorded in his name and the possession of the land was also delivered to the purchasers of the land, who are













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