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DEVASHIS BARUAH
Baleswar Rangpi S/o Late Prabhat Rangpi – Appellant
Versus
On the Death of Bahar Ali his Legal Heirs, Golaya Begum – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. The extraordinary jurisdiction of this Court under Article 226 of the Constitution seeking a writ of certiorari have been invoked by way of the instant writ petition challenging the judgment and order dated 11.05.2007 passed in Case No. 117RA(K)/2004 as well as the judgment and order dated 16.06.2009 passed in Case No. 13RA(K)(RVW)/2007 by the learned Assam Board of Revenue.
2. The facts involved in the instant case as could be discerned from the writ petition is that one Prabhat Rangpi (since deceased) was the tenant under Late Md. Hussain who was the landlord of a cultivable plot of land measuring 4 Bighas covered by KP Patta No. 100 of Dag No. 14(old)/703(new) of village Pamohi under Mouza Ramcharani, in the district of Kamrup(M), Assam. It has been alleged in the writ petition that during the lifetime of Late Prabhat Rangpi, he was a occupancy tenant under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (for short “the Act of 1971”). Late Prabhat Rangpi had paid regular Chukani i.e. 1/5th of the produce of his land cultivated by himself for the land and he was issued a Khatian No. 54. After the death of Late Prabhat Rangpi, his sons i.e. t
The court emphasized the limited scope of the High Court's jurisdiction under Article 226 of the Constitution and the discretionary nature of the extraordinary remedy granted, as established by the S....
The main legal point established in the judgment is the discretionary nature of the extraordinary remedy granted under Article 226 of the Constitution, the need to balance legal formulations with equ....
The Assam Board of Revenue cannot exercise jurisdiction over matters that have been conclusively settled by a competent court, especially when procedural requirements like condonation of delay are no....
The court emphasized the importance of proper exercise of revisional jurisdiction and the need for valid mutations in land disputes.
The judgment establishes the importance of preserving Satra land and emphasizes the legal provisions prohibiting the allocation of Satra land to persons of a different religion under the Assam State ....
Civil Law - Revenue Board - Jurisdiction - It is definitely within domain of revenue authorities to take a final decision on issue as to whether lands in question are Government lands and if so, whet....
Tenancy claims under the Assam Tenancy Act must adhere to statutory provisions, and civil courts have jurisdiction when administrative processes violate due diligence.
A quasi-judicial authority exercising review or supervisory jurisdiction cannot expand the scope of its adjudication to include property or issues not present in the original proceedings. Furthermore....
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