WP(C) 2494/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. C. Baruah, learned Sr. counsel for the petitioner, Ms. Seal, l earned standing counsel for the respondent No.1, Mr. Handique, learned State cou nsel appearing for the respondent No.3 and Mr. P.K.R. Choudhury, learned counsel appearing for the respondent No.4. The writ petitioner, in whose favour the order of settlement of Bihpuria Country Spirit shop was made, by the present petition has challenged the order dated 25.03.2010 passed by the learned Chairman, Assam Board of Revenue virtuall y allowing the appeal preferred by the respondent No.4 Smt. Purabi Saikia in ter ms of the order dated 18.03.2010 passed in another appeal being Appeal No.1E(L)/ 2010. According to the learned counsel for the petitioner such order was passed on the date of filing of the appeal and without issuing any notice to the settle ment holder. It has been contended by the learned counsel for the appearing parties t hat the basis on which the impugned order dated 25.03.2010 has been passed, no l onger exist, as the said order dated 18.03.2010 passed in Appeal Case No.1E(L)/2 010 has been set aside by this Court vide order dated 31.03.2010 passed in WP(C) No.2085/2010 and the said appeal was sent back to the Board of Revenue for deci ding afresh after hearing all the concerned parties. Since the basis for passing the impugned order dated 25.03.2010 no longe r exist, as the aforesaid order dated 18.03.2010 has already been set aside by t his Court vide order dated 31.03.2010 passed in WP(C) No.2085/2010, the order da ted 25.03.2010 passed by the Chairman, Assam Board of Revenue, is set aside. The Board of Revenue is directed to decide the appeal filed by Smt. Purabi Saikia, the respondent No.4, being Appeal Case No.4E(L)/2010 after hearing all the parti es concerned. The writ petitioner is accordingly allowed.