JUDGMENT :

The 2 [two] petitioners have instituted the writ petition invoking the extra-ordinary jurisdiction of this Court under Article 226 of the Constitution of India to assail a judgment and order dated 01.12.2017 passed by the Assam Board of Revenue, Guwahati in a revenue appeal, Case no. 75 RA [DBR]/2016. By the judgment and order dated 01.12.2017, the Assam Board of Revenue dismissed the revenue appeal preferred by the petitioners against an Order dated 08.04.2016 passed by the Settlement Officer, Dhubri & Kokrajhar.

2. The background facts necessary for adjudication of the issues that have arisen herein can be delineated, in brief, as follows :-

2.1. One Dipali Das was the wife of one Madhusudhan Das. Madhusudhan Das and Dipali Das were permanent inhabitants of Gossaigaon Town, District – Kokrajhar and were having landed properties. Madhusudan Das and Dipali Das had 5 [five] sons viz. [1] Gopal Das @ Gopal Chandra Das, [2] Swapan Kumar Das, [3] Tapan Kumar Das, [4] Niranjan Chandra Das, and [5] Badal Kumar Das. Madhusudhan Das pre-deceased his wife, Dipali Das. Dipali Das pre-deceased her son, Gopal Das @ Gopal Chandra Das [hereinafter referred to as ‘Gopal Das’, for easy reference].

2.2. The petitioner no. 1 was the wife of Gopal Das and the petitioner no. 2 was the son of Gopal Das. Gopal Das died on 11.08.2014. It is reflected from the death certificate issued, on 13.08.2014, by the Department of Health and Family Welfare, Government of West Bengal that Gopal Das died at N.B.M. College & Hospital.

2.3. Dipali Das owned a plot of land measuring 4 Bighas 0 Katha 14 Lessas [4B-0K-14L], covered by Dag no. 20[old]/143[new] & K.P. Patta no. 29[old]/96[new], located at Village – Dalgaon, Gossaigaon Sub-Division, District – Kokrajhar [hereinafter referred to as ‘the subject-land’, for easy reference]. After the death of Dipali Das, the names of her 5 [five] sons being Class-I heirs, stood mutated in respect of the subject-plot by way of inheritance vide a Mutation Order dated 24.09.2014 passed by the Assistant Settlement Officer, Gossaigaon. Pursuant to the Order dated 24.09.2014, the name of Gopal Das i.e. the predecessor-in-interest of the petitioners stood recorded along with the names of his 4 [four] brothers in the revenue records [draft chitha] pertaining to the subject-plot.

2.4. Subsequent to the death of Gopal Das on 11.08.2014, the petitioners made an application for mutation of their names in substitution of the name of Gopal Das as his legal heirs, in respect of the subject-plot, before the Assistant Settlement Officer, Gossaigaon. On receipt of the application, a mutation case being Mutation Case no. 2/2014-2015, was registered on 13.01.2015. After such registration, the Assistant Settlement Officer, Gossaigaon in connection with Mutation Case no. 2/2014-2015, issued notices to the other 4 [four] sons of Dipali Das viz. [i] Sri Swapan Kumar Das [the respondent no. 3]; [ii] Sri Tapan Kumar Das [the respondent no. 4]; [iii] Sri Niranjan Chandra Das [the respondent no. 5]; and [iv] Sri Badal Chandra Das [the respondent no. 6], inviting objections, if any, from them in respect of the application submitted by the petitioners seeking their mutation in place of Gopal Das in the revenue records pertaining to the subject-plot. The details of the subject-plot were mentioned in the notice.

2.5. It transpires from the copy of the draft Chithaof Dalgaon Village, Gossaigaon that the Assistant Settlement Officer, Gossaigaon by a Mutation Order dated 17.03.2015 ordered for mutation of the names of the petitioners in place of Gopal Das in respect of the subject-plot by way of inheritance. Subsequent to passing of the Mutation Order dated 17.03.2015, the respondent no. 3 preferred an application before the Assistant Settlement Officer, Gossaigaon seeking cancellation of the Mutation Order dated 17.03.2015 passed by the Assistant Settlement Officer, Gossaigaon [the respondent no. 2]. The Assistant Settlement Officer, Gossaigaon had, in