JUDGMENT : Heard Ms. M. Deb, learned counsel, appearing for the petitioners and Mr. A. Dhar, learned counsel for the respondent Nos. 2 and 3. Also heard Mr. A. Chakraborty, learned Government Advocate, Assam appearing for the State respondents who has produced the records from the office of the learned Addl. Deputy Commissioner (Revenue), Nagaon, Assam in MA Case No. 50/2006-07. 2. The present petitioners who are the legal heirs of late Riaj Uddin Ahmed on the basis of their application got their names mutated in the record of rights of KP Patta Nos. 167/185 of Dag Nos. 104/118 purportedly against the share of father, land measuring 1 Bigha 2 Lechas in the aforesaid dags out of land measuring 5 Bighas 2 Kathas 17 Lechas of village Town Nortom in the District of Nagaon, Assam on the strength of their inheritance. 3. The names of the present petitioners were mutated by the Circle Officer, Nagaon Revenue Circle vide order dated 14.12.2006. The present respondent Nos. 2 and 3 filed an appeal against the said order dated 14.12.2006 before the Additional Deputy Commissioner (Revenue), Nagaon thereby challenging the order of mutation of the names of the present petitioners which was registered as M.A. No. 50/2006-07. Notices were issued against the present petitioners in the MA No. 50/2006-07 before the Addl. Deputy Commissioner (Revenue), Nagaon. On receipt of the said notice, the petitioners through their appointed attorney, namely one Ms. Hasina Begom filed the written objection on behalf of the present petitioners who were impleaded as the respondent Nos. 1 to 5 in the said appeal. The said objection was filed on 29th October, 2007 and the copy of the same was received by the learned counsel appearing on behalf of the present respondent Nos. 2 and 3 on 19.11.2007 as apparent from the records of said MA Case No. 50/2006-2007. 4. The Addl. Deputy Commissioner (Revenue), Nagaon vide order dated 16.01.2009 allowed the appeal thereby directing the Circle Officer, Nagaon Revenue Circle to strike out the names of the present petitioners. While passing the order by the Additional Deputy Commissioner (Revenue), Nagaon, it was held that notices were sent to the respondents (petitioners herein) and some of the notices were returned unserved as they are reportedly not found in the given address at Dibrugarh. While passing the order by the Additional Deputy Commissioner (Revenue), Nagaon, it was held that notices were sent to the respondents (petitioners herein) and some of the notices were returned unserved as they are reportedly not found in the given address at Dibrugarh. As one of the respondents received the notice and he being the member of the said family of the petitioners, it was presumed that the notices were duly served upon them with respect to the appeal filed by the respondent Nos. 2 and 3. Further it was observed that the respondents neither appeared for hearing on any subsequent dates after 15.6.2007. They did not submit written objection either by themselves or by authorized advocate and as such it was concluded and held that the present petitioners being the respondents therein have no interest over the land. 5. Being aggrieved by the said order dated 16.01.2009 passed in MA Case No. 50/2006-07, the present petitioners filed R.A. (N) No. 81/2009 before the Hon’ble Assam Board of Revenue, Guwahati. The present respondent Nos. 2 and 3 contested the said appeal before the Board of Revenue, Assam and after hearing the parties the Hon’ble Assam Board of Revenue vide judgment and order dated 11.10.2010 dismissed the said appeal and the present petitioners thereafter preferred this writ petition challenging the findings of the Hon’ble Assam Board of Revenue and also order of the Additional Deputy Commissioner (Revenue), Nagaon passed in MA No. 50/2006-2007. 6. Ms. Deb submits that the learned Members of the Assam Board of Revenue failed to consider the submission made by the petitioners. The petitioners specifically pointed out before the Assam Board of Revenue that they preferred their written objection against the claim of the present respondent Nos. 2 and 3 before the learned Addl. Deputy Commissioner (Revenue), Nagaon which was not at all considered as apparent from the order dated 16.01.2009. On the basis of the mere para-wise comments by the office of the Deputy Commissioner, Nagaon, the learned Members of the Assam Board of Revenue passed the impugned order without considering the submission of the petitioners that they are entitled to the land which belonged to their father. It is also pointed out by Ms. On the basis of the mere para-wise comments by the office of the Deputy Commissioner, Nagaon, the learned Members of the Assam Board of Revenue passed the impugned order without considering the submission of the petitioners that they are entitled to the land which belonged to their father. It is also pointed out by Ms. Deb that the learned Members of the Assam Board of Revenue came to a finding that the petitioners being legal heirs of late Riaj Uddin Ahmed cannot claim any land in the said patta as they are not possessing the land. Accordingly Ms. Deb submits that the orders impugned in the writ petition are liable to be set aside including the one passed by the Additional Deputy Commissioner (Revenue), Nagaon in MA Case No. 50/2006-2007. 7. Mr. Dhar on the other hand referring to the affidavit-in-opposition filed in the writ petition submits that Riaj Uddin Ahmed, the father of the present petitioners had sold away his share of land vide two registered sale deeds bearing No. 2273/1955 and 4164/1961 and left with no other land to inherit by the petitioners. For the same, Mr. Dhar submits that there is no scope for interference of the impugned order. Upon consideration of the said relevant facts, the learned Members of the Assam Board of Revenue has rightly came to the conclusion. In view of that, Mr. Dhar submits that there is no illegality therein the order and the reasons disallowing the petitioners’ claim are logical. Mr. Chakraborty on the other hands produced record as hereinabove mentioned. Subsequent to the filing of the appeal written objection was filed by the present petitioners through their attorney, one Ms. Hasina Begom and on perusal of the records it is very much clear and apparent that the petitioners in fact filed written objection which the learned Additional Deputy Commissioner (Revenue), Nagaon failed to take into consideration while disposing the appeal preferred by the respondent Nos. 2 and 3. 8. On perusal of the judgment and order dated 11.10.2010 it is found that the learned Members of the Assam Board of Revenue did not consider the records of MA Case No. 50/2006-2007 and came to the bald finding that the petitioners did not file their written objection in the said MA Case No. 50/2006-07. 2 and 3. 8. On perusal of the judgment and order dated 11.10.2010 it is found that the learned Members of the Assam Board of Revenue did not consider the records of MA Case No. 50/2006-2007 and came to the bald finding that the petitioners did not file their written objection in the said MA Case No. 50/2006-07. On perusal of the written objection from the records of MA No. 50/2006-07 it goes to show that the petitioners filed their written objection before the Addl. Deputy Commissioner (Revenue), Nagaon and apparently it is seen from the order passed by the said Additional Deputy Commissioner (Revenue), Nagaon that the written objection was not at all considered though the copy of the same was very much received by the learned counsel appearing on behalf of the respondent Nos. 2 and 3. 9. Considered the findings of both the Hon’ble Board of Revenue, Assam and the Additional Deputy Commissioner (Revenue), Nagaon and I am satisfied with respect to the submission of the learned counsel for the petitioners that the Members of the Assam Board of Revenue and the Additional Deputy Commissioner (Revenue), Nagaon failed to consider the written objection while disposing of the respective appeals. 10. Without entering into the merit of the appeal in my opinion it would be proper to set aside both the judgment and order dated 11.10.2010 passed by the Assam Board of Revenue in RA (N) No. 81/2009 and the order dated 16.1.2009, passed by the learned Addl. Deputy Commissioner (Revenue) in MA No. 50/2006-07 and remand the same back to the learned Additional Deputy Commissioner (Revenue), Nagaon to dispose of the MA No. 50/2006-2007 after considering the written objection which is very much on record. Accordingly, this writ petition is disposed of. Send back the LCR so as to reach the office of the learned Addl. Deputy Commissioner (Revenue), Nagaon within a period of three weeks from today. Parties to this petition shall appear on 31.05.2018 before the Addl. Deputy Commissioner, Nagaon whereafter the MA Case No. 50/2006-2007 shall be taken and dispose of the same within a period of 3 (three) months from 31.05.2018.