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2023 Supreme(Gau) 1242

DEVASHIS BARUAH
On the death of Sayed Moinuddin Ahmed His Legal Heirs – Appellant
Versus
State of Assam, Represented by the Commissioner and Secretary, Revenue Department, Dispur – Respondent


Advocates Appeared:
For the Petitioner:Mr. B.B. Narzari, Sr. Advocate, Mr. S. Chouhan.
For the Respondent:Ms. U. Das, Addl. Sr. Government Advocate, Mrs. R. Choudhury.

JUDGMENT :

1. The instant writ petition has been filed by the Petitioners challenging the judgment dated 20.06.2013 passed by the learned Assam Board of Revenue in Case No.151 RA(G)/1991.

2. The case of the Petitioners as could be discerned from the pleadings as well as the materials on record is that one Hasarat Abul Quasim Khorasani was the disciple of Sayed Md. Ata Jan who came to India from Iran in 18th Century and thereafter he reached Goalpara and started living there. The said Hasarat Abul Quasim Khorasani was regarded as the powerful Pir and he had many disciples and devotees in Goalpara. In the year 1896, the said Pir commonly known as Pir Saheb expired and his disciples, devotees and his son namely Bahauddin decided to burry him and buried him in the top of the hillock. The said Bahauddin also died leaving his son and legal heir one Syed Mahiuddin. On 11.11.2004, the said Syed Mahiuddin also expired leaving his three sons namely (i) Syed Moinuddin Ahmed, (ii) Syed Mahibulla and (iii) Syed Ata Mohammad Jan. The said three persons who were the grandsons of the popular Pir Saheb were taking care of the Kabarsthan as well as the Majar. In the year 1978, some persons of the Goal

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