KALYAN RAI SURANA, J.

1. Heard Mr. R. Saikia, the learned counsel for the petitioner. Also heard Ms. G. Ete, the learned Addl. Senior Government Advocate, appearing on behalf of the State respondents No. 1 and 3 as well as Mr. K. Jini, the learned Counsel for the respondent No.2 and Mr. T. T. Tara, the learned counsel appearing for the respondent No. 4.

2. By this writ petition under Section 226 of the Constitution of India, the petitioner has challenged the order No. BSR/LK-176/14-15/Vol.III dated 09.11.2015, passed by the Additional Deputy Commissioner, Basar.

3. In this writ petition it is projected that the ancestral family property was equally divided between two brothers, namely, Lime Bam and Ligo Bam. Ligo Bam, who became the owner of Ampir Jhum land measuring 22,558 sq. meters, was the forefather of the petitioner. The said land falling in the share of Ligo Bam was equally divided amongst his three sons, namely, Gomi Bam, Gokar Bam and Goyi Bam. Goyi Bam (since deceased) is the father of the petitioner and upon his death, the share of Late Goyi Bam was inherited by the petitioner. It is further projected that in the year 1996, the petitioner had allowed the respondent No. 4, namely, Karmar Bam, son of Late Gokar Bam, to construct his dwelling house on the Ampir jhum land of the petitioner on temporary basis on assurance that he would shift as and whenever the petitioner wanted.

4. It was further projected that in the year 2002, one Yirik Bam, the son of Late Mayi Bam and grandson of Late Lime Bam had raised a boundary dispute in respect of the Ampir jhum land of the petitioner. Accordingly, a village Keba was held on 04.04.2002 and the dispute was settled in the presence of Head Gaon Burah, other Gaon Burahs and the village elders, etc. of Bam village. Accordingly, proper boundary was demarcated by the Village Keba in respect of the land of the petitioner. The said decision of the village Keba held on 04.04.2002, was stated to have attained finality. In the due course, the petitioner applied before the office of the Additional Deputy Commissioner, Basar for issuance of a land possession certificate ('LPC' for short) after observing all formalities i.e., after obtaining NOC from Head Gaon Burah, other Gaon Burahs and the owners of the land situated in the adjoining four boundaries of the petitioner. It is projected that the Additional Deputy Commissioner, Basar by an order dated 16.01.2015, directed the concerned R.K. and two chainmen to conduct spot verification of the petitioner's land meant for residential purpose. It was projected that accordingly, the concerned land management staff had prepared the sketch map and the same was approved by the Additional Deputy Commissioner, Basar. The Additional Deputy Commissioner, Basar, had thereafter issued a LPC bearing No. BSR/LM-LPC-251/2011-12 dated 12.02.2015, certifying that land/area measuring 22,558.00 sq. meters as described therein was in possession of the petitioner. The four boundaries of the said land were also described therein. The petitioner had paid a sum of Rs. 2,406/- as royalty/ revenue in respect of the said land through treasury challan dated 10.02.2015.

5. Thereafter on 27.10.2005, the respondent No. 4 had submitted an application before the Additional Deputy Commissioner, Basar for cancelling the LPC dated 12.02.2015 issued to the petitioner on the ground that the said LPC was issued without proper notice and that the Ampir jhum land was their clan's ancestral property. Hence, a prayer was made for holding a village level Keba to decide the dispute. Accordingly, on the basis of the complaint by the respondent No. 4, the Additional Deputy Commissioner, Basar by an order dated 09.11.2015, directed the Head Gaon Burah, Village Bam-III to conduct a village level Keba on any suitable date and time for amicable settlement of the case.

6. Against the said order dated 09.11.2015, the petitioner had submitted a representation before the Additional Deputy Comm