IMPORTANT POINT
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 not met.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. S. K. Kejriwal, learned counsel, appearing on behalf of the petitioner. Also heard Mr. A. Bhattacharyya, learned standing counsel, Assam Board of Revenue, Guwahati, appearing on behalf of respondent No. 1. None appears on behalf of respondents No. 2 & 3.

2. The petitioner, by way of instituting the present writ petition, has presented a challenge to the order, dated 10.09.2021, passed by the learned Member, Assam Board of Revenue, Guwahati, in Revenue Appeal No. 8(Cha)/2019.

3. As projected in the instant writ petition; the father of the petitioner, herein, had purchased a plot of land measuring 2 kathas 1 Lecha covered by Dag No. 299 and Periodic Patta No. 149/67 of Mahamora Mouza, Moran Town, in the District of Charaideo, from its earlier owner Nikunja Mohan Bhagwati. After the said sale was so effected and on execution of the sale deed; the said plot of land was mutated in the name of the father of the petitioner in the revenue records vide order, dated 04.02.1970, passed by the competent authority.

4. It is stated that the father of the petitioner, during his lifetime, had engaged one Shri Bir Singh, the Uncle of the respondent No. 2, herein, to look-after the property. A temporary house was also constructed for the accommodation of Shri Bir Singh on a portion of the aforesaid land. Shri Bir Singh subsequently left the job and accordingly, the father of the petitioner engaged one Shri Hemo Singh who was his brother and father of the respondent No. 2, herein, to look-after the said plot of land. On account of the illegal activities as done by Shri Hemo Singh over the plot of land, including cutting of valuable trees without permission; he was required to vacate the premises. However, Shri Hemo Singh refused to vacate the said plot of land and raised a claim over the aforesaid land where he was so accommodated in connection with his works. The said action led the petitioner, herein, to institute a proceeding in the form of a Title Suit being Title Suit No. 33/2008 before the Court of learned Civil Judge, Sivasagar, seeking a decree for declaration of his right, title and interest over the plot of land, in question, as well as for ejectment of Shri Hemo Singh from the house so constructed over the said plot of land of the petitioner where he was permitted to stay to look-after the property.

5. The Court of the learned Civil Judge, Sivasagar, on conclusion of the trial involved, wherein, the said Shri Hemo Singh had also contested the matter; proceeded vide judgment & order, dated 23.12.2013, to declare the right, title and interest of the father of the petitioner, herein, over the said plot of land and also issued directions for ejectment of Shri Hemo Singh and his family members therefrom. A decree was also drawn in the matter.

6. The decree was put up for execution in Title Execution Case No. 05/2014 and the same was executed vide order, dated 14.10.2015, passed by the learned Executing Court, putting the petitioner in possession of the decretal land with due process. No appeal came to be filed against the said decree, by said Shri Hemo Singh, father of the respondent No. 2, herein, and the same is contended to have attained finality. However, during the pendency of the execution proceeding; the said Shri Hemo Singh had approached this Court by way of instituting a Civil Revision Petition being CRP No. 337/2014, challenging the order, dated 04.08.2014, passed by the learned Executing Court in Title Execution Case No. 05/2014. The said CRP No. 337/2014, came to be dismissed for non-prosecution vide order, dated 19.01.2015. Although a petition was filed for restoration of the said Civil Revision Petition; the same, however, was withdrawn by said Shri Hemo Singh on 23.02.2015, and the Misc. Case being MC No. 421/2015 so instituted, came to be dismissed, vide order, dated 23.02.2015, as not pressed. In terms of the decision of the competent Court of civil jurisdiction; the petitioner has