ORDER :

1. This case was heard on 29.11.2018 and was fixed for delivery of judgment on 20.12.2018. For unavoidable circumstances, judgment could not be delivered on 20.12.2018 and was re-fixed today. Accordingly, judgment is delivered today in the open court.

2. Heard Mr. B.D. Deka, learned counsel assisted by Mr. N. Choudhury, learned counsel for the petitioner and Mr. R. Dhar, learned Government Advocate, Assam. Also heard Mr. G. Uddin, learned counsel for respondent Nos. 4 to 6.

3. By filing this petition under article 226 of the Constitution of India, petitioner seeks quashing of order dated 26.8.2008 passed by Assam Board of Revenue at Guwahati (Board) in Case No. 183 RA(K)/2005 whereby appeal filed by respondent Nos. 4 to 6 was allowed by the Board by remanding the matter to the Deputy Commissioner, Kamrup (Metro) for fresh decision after carrying out field verification.

4. Case of the petitioner is that one Mukhram Bhakat @ Bhagat had leased out a plot of land measuring 1 katha, 2 lessas covered by Dag No. 329(01d)/1023 (New) of Annual Patta No. 31(Old)/55 (New) of Sahar Ulubari (Part II) under Ulubari Mouza, Guwahati City in favour of father of the petitioner Guru Prasad Bhuyan through a lease deed dated 6.5.1964.

5. It is stated that Mukhram Bhakat @ Bhagat had allowed Guru Prasad Bhuyan to construct dwelling house as well as shop house over the leased out land. After construction, house was assessed by the Gauhati Municipal Corporation (GMC) whereafter due municipal taxes were paid by father of the petitioner. It is further stated that Mukhram Bhakat had subsequently sold off the said plot of land to Guru Prasad Bhuyan through an unregistered sale deed dated 16.2.1985 and formally delivered possession of the land to Guru Prasad Bhuyan. Petitioner has asserted that Guru Prasad Bhuyan was in possession of the said plot of land till his death in December 1986. After his death, petitioner being his legal heir and successor took over possession of the said plot of land whereafter she constructed a tin roof house and a boundary wall to demarcate the land in question. Petitioner has stated that she is paying land revenue, municipal taxes and electricity dues in respect of the land in question as well as the house constructed thereon.

6. Since possession of annual patta land was transferred by the original pattadar to the predecessor-in-interest of the petitioner, she made an application before the concerned Circle Officer, Guwahati for cancellation of the annual patta in the name of the original pattadar and to grant settlement of the land in question in her favour. On the basis of such application, a non-renewal case was registered before the Circle Officer, Guwahati Revenue Circle being NR1/2001-2002. After hearing the concerned parties and considering the evidence tendered by them, Circle Officer passed an order dated 10.1.2003 forwarding the case records to the Additional Deputy Commissioner, Kamrup for cancellation of annual patta and for grant of settlement to the applicant.

7. In the hearing before the Additional Deputy Commissioner, respondent Nos. 4 to 6 had submitted objection. However, Additional Deputy Commissioner vide his order dated 18.7.2005 approved and confirmed the order passed by the Circle Officer dated 10.1.2013.

8. Being aggrieved by the aforesaid order of the Additional Deputy Commissioner, respondent Nos. 4 to 6 preferred an appeal before the Board under section 147 of the Assam Land and Revenue Regulations, 1886 which was registered as Case No. 183 RA(K)/2005. Board accepted the plea of respondent Nos. 4 to 6 and remanded the matter back to the Deputy Commissioner, Kamrup (Metro) to pass a fresh de novo order after carrying out necessary field verification.

9. It is against this order that the present writ petition came to be filed.

10. This case was admitted for hearing on 19.1.2009.

11. Respondent Nos. 4 to 6 have filed a common affidavit objecting to the prayer of the petitioners. Stand taken in the affida