ORDER

20-04-2022 Heard Mr. M U Mondal, learned counsel for the petitioner and Ms. N Bordoloi, learned counsel for the respondent No.1. Also heard Mr. B Deuri, learned Government Advocate, Assam for the respondent Nos. 2, 3 & 4 and Mr. M A Mondal, learned counsel for the respondent No. 5.

The petitioners herein are claiming to be the legal heirs of Late Moyful Bibi, Wife of Late Mohammad Ali. In that regard the petitioners have annexed the Next of Kin Certificate of said Late Moyful Bibi dated 28.01.2015 issued in their favour by the Sub Divisional Officer (Civil), Gosaigaon, District-Kokrajhar.

With regard to land of Late Azgar Ali Sk measuring 4 Bighas 2 Kathas 0 Lechas of Dag No.

139, Khatian No. 94 of village-Sapotgram, Bashirchar, Pargona-Parbot Juwar in the erstwhile District of Goalpara pursuant to an order dated 14.11.1969 of the Assistant Settlement Officer name of Musst. Moyful Bibi, wife of Late Azgar Ali Sk and Mohammad Akbar Ali Sk, son of Late Azgar Ali Sk was recorded in respect of said land of Late Azgar Ali Sk in the mutation case filed by said Musst. Moyful Bibi and Mohammad Akbar Ali Sk vide application No. 384/69-70.

It is submitted by the petitioners that said Mohammad Akbar Ali Sk is not the legal heir of Late Azgar Ali, hence this writ petition by the petitioners praying amongst others for a direction to the respondents in the Revenue Department as well as the Kokrajhar District Administration to remove the name of said Akbar Ali SK, respondent No. 5 from the said mutation of land of Late Azgar Ali Sk and to mutate their names in said land measuring 4 Bighas 2 Kathas 0 Lecha deleting the name of the respondent No. 5.

The petitioners stated that said land measuring 4 Bighas 2 Kathas 0 Lecha of village Bashirchar under Old Dag No. 139, Khatian No. 94 have become the land of Dag No. 150, Patta No. 74/105 under Gossaigaon Revenue Circle District Kokrajhar. Petitioners have brought to the notice of the Court that earlier they filed Misc Case No. 4/2014-15 praying for mutation of said land in their favour before the Assistant Settlement Officer, Gossaigaon Revenue Circle who in turn after giving notice to both the petitioners and the respondent No. 5, on the basis of the report of the Lat Mondal and Supervisor Kanungo found that the partition done during Revenue Attestation in respect of said land covered by Dag No. 150/139 and Patta No. 74/105 had been bi-furcated in to two dags and in the remarks column of Chitha for the said land it is noted as “Bibad” i.e. disputed.

The concerned Settlement Officer, Dhubri & Kokrajhar Revenue Circle finding that the said land involved in the case being remarked as ‘disputed’ clarified that the same cannot be partitioned without the consent of Pattadars and Co-pattadars of the land in question and accordingly by order dated 17.12.2012 cancelled the said partition application being Misc Case No. 4/2014-15 of the petitioners.

The petitioners have filed this writ petition in December, 2016. It is to be noted herein that mutation order dated 14.11.1969 of the Assistant Settlement Officer in PR(A)/384/1969-70 with regard to the land involved in the case pertaining to the Khatian No. 94, noted above, the name of Moyful Bibi (wife of Late Azgar Ali) and Mohammad Akabar Ali Sk (son of Azgar Ali Sk) was recorded 47 years back and from the ‘Next of Kin Certificate’ (annexed to this writ petition by the petitioners) it is seen that the petitioners are legal heirs of Late Moyful Bibi wife of Late Mohammad Ali of village Jogirbhita, P.O-Tulshibil, P.S.- Gossaigaon under Bhowrtaguri Revenue Circle.

The petitioners could not place anything before the Court regarding the legal heirs of Late Azgar Ali Sk except placing the ‘Next of Kin Certificate’ claiming to be legal heirs of said Late Moyful Bibi.

The order of the Assistant Settlement Officer, involved in this writ petition on the basis of which the name of the respondent No.5 was included along with Moyful Bibi (wife of Late Azgar Ali) with regard