WP(C) 345/2009 BEFORE HON’BLE MR JUSTICE I A ANSARI Heard Mr. P. K. Deka, learned counsel for the petitioners, and Mr. P. Ro y, learned Senior Government Advocate, appearing on behalf of respondent Nos. 1 and 2. Heard also Ms. J. Borah, learned counsel for respondent Nos. 3 and 4. By order, dated 12.01.2009, passed, by the learned Assam Board of Revenu e, in Case No. 04 RA (K) of 2009, which was an appeal preferred under Section 14 7 of the Assam Land and Revenue Regulations 1886, the learned Assam Board of Rev enue has set aside the order, dated 29.11.2008, passed by the learned Settlement Officer, Guwahati Re-Settlement Operation, Guwahati, in Misc. Case No. 97 of 20 07-2008, and has remanded the matter to the Settlement Officer, Guwahati, for di sposal, on the ground that the gift deed, on the basis of which the respondent N o. 1 got his name mutated and sold the land, in question, to the respondent No. 2, has already been declared void and illegal by a civil court of competent juri sdiction and that pursuant to the precept, issued by the Executing Court, the Su b-Registrar, Guwahati, has already cancelled the said gift deed, which formed th e basis of the claim of the present petitioners (who were made respondent Nos. 1 and 2 in the said appeal) for obtaining mutation in respect of the land, in que stion. Mr. P. K. Deka, learned counsel, appearing on behalf of the petitioner, submits that before passing the order, dated 12.01.2009, which stands impugned i n the in the present writ petition made under Article 226 of the Constitution of India, no opportunity of showing cause and/ or hearing had been given to the pr esent petitioners by the learned Board of Revenue. The fact that no such notice was issued to, or served upon, the present petitioners, has not been disputed b y the learned counsel for the respondents. It is, thus, clear that the order, dated 12.01.2009, aforementioned is an order, which has been passed by the learned Board of Revenue without affording any opp ortunity of hearing to the present petitioners, though the outcome of the appeal has adversely affected the interest, if any, of the present petitioners in the land, which is the subject-matter of the impugned order, dated 12.01.2009, where by the order, dated 29.11.2008, passed by the learned Settlement Officer, Guwaha ti, stands set aside. What is, now, necessary to note is that merely because of the fact that an order has been passed by the Board of Revenue without giving any opportunity of hearing to the persons, who were to be affected by the outcome of the appeal, an order of disposal of the appeal cannot be set aside unless prejudice can be shown to have been caused to the persons by the order, which might have been pas sed by the learned Board of Revenue. Mr. Deka has also submitted, in this regar d, that the land, which forms the subject-matter of controversy, is different fr om the land, which had been inherited by the respondent Nos. 3 and 4 herein. Th is apart, points out Mr. Deka, the petitioner No. 2 herein was not a party to th e decree aforementioned. If what Mr. Deka submits are correct, the same ought t o have been taken into account by the learned Settlement Officer and also the le arned Assam Board of Revenue at the time of taking a decision in the matter of g ranting mutation in favour of the parties concerned. Considering, therefore, the submissions, made on behalf of the parties, this Court is of the view that instead of setting aside the order, dated 12.01.2 009, passed by the learned Board of Revenue, it would meet the ends of justice i f the Settlement Officer, Guwahati, is directed to accord opportunity of hearing to the parties concerned on the subject of mutation and, then, pass appropriate order(s) in accordance with law. Ordered accordingly. The petitioners and the respondent Nos. 3 and 4 herein shall appear, in person, or through their appointed counsel, in the office of the Settlement Offi cer, Guwahati Re-Settlement Operation, Guwahati, on 07.02.2009, in connection wi th Misc. Case No. 97 of 2007-2008. With the above observations and directions, this writ petition shall sta nd disposed of.