WP(C) 4095/2009 BEFORE HON’BLE MR. JUSTICE H.N.SARMA Heard Mr. D. C. Mahanta, learned Sr, counsel for the petitioner and Mrs. V. L. S inha the learned Government Advocate. The subject matter of challenge in this petition is an order dated 14-9- 09 passed by the Chairman, Assam Board of Revenue, in Revenue Appeal No. 129 RA (S)/2009. The petitioner being aggrieved by the orders dated 17-8-09 and 19-8-0 9 passed by the Addl. Deputy Commissioner, Sivasagar, in T.C. Case No. 3/2008. f iled the aforesaid appeal under challenge before the Revenue Board. The Addl. De puty Commissioner, Sivasagar, passed an order allowing the prayer of the opposit e party No. 5 to 11 granted ownership right in their favour under Section 23 of the Assam (Temporary settlement Areas) Tenancy Act, 1971) in respect of an area of land measuring 5 bighas, 4 kathas and 4 leches covered by Dag No. 293, Patta No.162 at Khatorpathar Gaon under Nagar Mahal Mouza in the district of Sivasagar . It is not disputed that a tenant who has acquired such tenancy ri ght under the provisions of the Assam Tenancy Act may acquire ownership and inte rmediary rights in respect of the tenanted land on fulfillment of certain condit ions as mentioned therein. If the Deputy Commissioner, finds that a tenant has f ulfilled the necessary conditions as mentioned under Section 23 and is purpose o f cultivating the land of tenancy is to determine necessary compensation as requ ired to be paid under Section 25 by such tenant declaring the commercial right of the tenant. Bare perusal of the impugned order however does not disclose that the nece ssary conditions required to be fulfilled under Section 23 of the Assam Tenancy Act has not been satisfied, at least the impugned order does not disclose the sa me. The aforesaid impugned order is an appeallable order under Section 147 of the A ssam Land Revenue and Regulation and the aggrieved party who is the petitioner o f this present petition has got such statutory right of appeal under the ALLR. The learned Revenue Board instead of admitting the appeal has called for the rec ord form the Deputy Commissioner. Be noted herein, that legally the aforesaid a ppeal is a judicial proceeding and not an administrative one and as such after passing the order by the Addl. Deputy Commissioner there is no further scope to submit any report to fill any lecuna, if any, in the impugned order dated 14-9- 2009. The learned Revenue Board is to see as to whether the order is legally valid and /or justified or not and at this stage there is no scope for calling any report from the Deputy Commissioner, Sivasagar, by the Revenue Board and hence the impu gned order dated 14-9-09 stands set aside and quashed. In view of the fact that the appeal has not been admitted the same is to be deci ded on merit, though it ought to have been admitted. Accordingly the Revenue boa rd shall do the needful and dispose the appeal after hearing both sides on merit . With this order writ petition stand disposed of. Since this order has been passed in absence of the private respondents, it would be for them to raise their grievance, if so advised.