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2023 Supreme(Gau) 131

MANISH CHOUDHURY
Pratima Das – Appellant
Versus
The Settlement Officer – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR. M J BARUAH

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 ref

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