ORDER

Date : 07-09-2021 Heard Mr. A. Iqbal, learned counsel for the petitioner. Also heard Mr. M.

Khan learned counsel for private respondents and Mr. R. Talukdar, learned State counsel for the State respondent.

The original petitioner Md. Bakth Amanullah died during the pendency of this writ petition and this court vide order dated 11.5.2018 substituted the deceased petitioner by his legal heir Musstt. Manuara Begum,wife. Similarly original respondent No.2 Md Parvez Sajeed also died leaving behind his father and the respondent No.3 brother.Vide order dated 16.3.2021 the deceased respondent No. 2 Pervez Sajeed was substituted by his father Sajeedul Haque and brother,the respondent No.3. The “petitioner” and “respondent No.2” in this order shall mean the unsubstituted “petitioner” and the “respondent No.2”. As per land records the petitioner alongwith his brothers and sisters are the pattadars of K.P.Patta No. 1056 covering the land measuring 2 bighas 2 kathas 10 lechas of Dag Nos. 1720 and 1726 of village Mangaldoi Town under mauza Chapai. Out of the total land, Habibullah the father of the petitioner was entitled to measuring 1 bigha 1 katha 5 lechas of land. Habibullah died leaving behind three living sons namely Hafazatullah, Md. Bokth Amanullah and Sahidulla and three daughters namely Husneara Begum, Smt Hasnara Begum and Hasina Begum. Another son Abdullah Mehmood pre deceased his father Habibullah. On the death of late Habibullah the names of aforesaid legal heirs were allowed to be mutated vide order dated 9.2.1995 passed in Mutation case No.194/94-95 by the Circle Officer, Mangaldoi Revenue Circle, Darrang and the records were corrected. As per the said mutation order, the legal heirs of Habibullah became the co pattadars in respect of their respective shares though formal partition did not take place. During the life time of late Habibullah he executed registered deed of relinquishment in the year 1971 thereby relinquishing his share in favour of his eldest son late Hafazatullah. Though Mr. Iqbal wanted to project that the said deed erroneously recorded the land measuring 1 bigha 19 lechas out of the total land measuring 1 Bigha 1 katha 5 lechas but in fact the other living sons of late Habibullah were possessing the said land by constructing their respective residential accommodations. Hafazatullah died thereby leaving behind Altafunara Begum , wife , Altaf Mehmood, son and Sabina Yasmin , daughter. It would not be out of place to mention herein that the name of Hafazatullah was not recorded on the strength of the relinquishment deed.

In the meantime the wife of Hafazatullah and son Altaf Mehmood died. It is pertinent to record that Altaf Mehmood died unmarried. On the other hand, daughter Sabina Yashmin was married and the present respondent Nos. 2 and 3 are the sons of Sabina Yasmin who made their claim for mutation on the strength of the inheritance by their deceased mother from her father Hafazatullah and to that effect filed mutation application before the Circle Officer, Mangaldoi Revenue Circle, at Mangaldoi. The said Mutation case was registered as Mutation case No. 154/08-09. At the relevant stage of filing mutation case by respondent Nos. 2 and 3 the names of the petitioner and his other brothers and sisters were recorded in the Jamabandi. It is submitted that as there was delay in disposal of the mutation case No. 154/08-09, the respondent Nos. 2 and 3 preferred a revision petition u/s 151 of Assam Land and Revenue Regulation1886(in short Regulation,1886) before the Deputy Commissioner, Darrang at Mangaldoi seeking for exercising the revisional jurisdiction due to delay in disposal of the mutation case No. 154/09-08. The said application u/s 151 of the Regulation, 1886 was registered as Revenue Appeal No. 1 / 2010 and vide order dated 21.9.2010 the said appeal was disposed of in a cryptic manner as follows:

“21.09.2010 Learned Advocate for the applicants is present . Heard the learned Advocate Facts of the cas