Page No.# 1/3 vs Assam Board Of Revenue And 3 Ors
2023 Latest Caselaw 454 Gua

                                                         Page No.# 1/3

GAHC010202622022




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/7257/2022

         MUKTADIR HUSSAIN CHOUDHURY AND 7 ORS
         S/O. LT. ABDUL FATTAH CHOUDHURY,

         2: FAKRUNNOOR CHOUDHURY
          S/O. MUKTADIR HUSSAIN CHOUDHURY


         3: BADRUNNOR CHOUDHURY
          S/O. MUKTADIR HUSSAIN CHOUDHURY


         4: MASHUDA BAGUM
         W/O. GULNOOR CHOUDHURY


         5: SAMSUN NOOR CHOUDHURY
          S/O. ABDUL NOOR CHOUDHURY


         6: KAMRUN NOOR CHOUDHURY
          S/O. ABDUL NOOR CHOUDHURY


         7: SAIFUN NOOR CHOUDHURY
          S/O. ABDUL NOOR CHOUDHURY


         8: ASHIKUN NOOR CHOUDHURY
          S/O. ABDUL NOOR CHOUDHURY
         ALL ARE RESIDENTS OF VILL. BATARASHI
          P.O. TILLABAZAR
          DIST. KARIMGANJ
         ASSAM
          PIN-788709
                                                                 Page No.# 2/3


            VERSUS

            ASSAM BOARD OF REVENUE AND 3 ORS
            GUWAHATI, GUWAHATI-01.

            2:MD. ABDUL MUKTADIR CHOUDHURY
             R/O. BANAMALI ROAD
            WARD NO.13
             KARIMGANJ TOWN
             P.S. KARIMGANJ
             DIST. KARIMGANJ
            ASSAM.

            3:AMINUR RASHID CHOUDHURY
             R/O. BANAMALI ROAD
            WARD NO.13
             KARIMGANJ TOWN
             P.S. KARIMGANJ
             DIST. KARIMGANJ
            ASSAM.

            4:GULAM KIBRIA CHOUDHURY

             R/O. BANAMALI ROAD
             WARD NO.13
             KARIMGANJ TOWN
             P.S. KARIMGANJ
             DIST. KARIMGANJ
             ASSAM

Advocate for the Petitioner   : MR H R CHOUDHURY

Advocate for the Respondent : SC, REVENUE




                                   BEFORE
                  HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                        ORDER

08.02.2023

Heard Shri H.R. Choudhury, learned counsel for the petitioners, who is aggrieved by a judgment and order dated 01.07.2022 passed by the Assam Page No.# 3/3

Board of Revenue in Revenue Appeal Case No. 47 RA(KJ)/2018 by which the order dated 29.05.2018 passed by the learned Addl. Deputy Commissioner (Revenue), Karimganj in Case No.01/2014 has been upheld. The learned Addl. Deputy Commissioner (Revenue), Karimganj had upheld the order dated 07.02.2014 passed by the learned Circle Officer in Misc Case No. 132/2014.

It is the contention of the learned counsel for the petitioners that there is no independent application of mind in the appellate stage.

Issue notice, returnable by 4 (four) weeks.

Ms. G. Hazarika, learned Standing Counsel, Revenue accepts notice on behalf of the respondent no. 1.

Extra copy of the writ petition be served upon her during the course of the day.

Steps for service of notice upon the respondent nos. 2, 3 & 4 be taken by registered post with A/D.

Steps within 2 (two) days.

The prayer for interim order would be considered after appearance of the respondents.

JUDGE

Comparing Assistant