WP(C) 5710/2011 BEFORE THE HON’BLE MR JUSTICE. B.D. AGARWAL Heard Mr. I. Choudhury, learned counsel for the petitioner and Mr. KH Choudhury, learned counsel for the respondents No.2 and 3 who has appeared by way of filin g caveat. The writ petitioner is challenging the order dated 25.8.2011 pas sed by the Assam Board of Revenue in Case No. 55 RA (L)/11 whereby the Board has restored the Revenue Appeal No.3/10 in the office of the Addl. Deputy Commissio ner, Lakhimpur. This case was filed by three persons namely, Smti. Sonprava Gogo i, Smti. Phanidhar Nath Gogoi and Smti. Pramila Chatradhar. When the case was pe nding before the ADC one of the applicant, Smti. Sonprava Gogoi filed an applica tion to withdraw the case. Accordingly, the case was disposed of vide order date d 23.8.2010. The remaining two persons filed an application for review of the o rder dated 23.8.2010 and that was also rejected on 14.7.2011. Being aggrieved, the two applicants filed an application before the Assam Board of Revenue which has passed the impugned order setting aside the orders passed by the ADC and has remanded the case for fresh disposal. Mr. I Choudhury, learn ed counsel for the petitioner submitted that the Board of Revenue has passed the impugned order without issuing any notice or hearing the respondents/writ peti tioners. In my considered opinion, the impugned order has been passed without formally a dmitting the appeal. I am also of the view that the impugned order is innocuous one since the ADC has been directed to dispose of the case being Revenue Appeal No.3/10 on merit and as such I do not understand as to how the writ petitioner i s aggrieved by the impugned order. During the course of hearing Mr. Choudhury submitted that after passing of the i mpugned order, the writ petitioner has already appeared before the ADC and as su ch the said authority may be allowed to hear the case on merit. In the result, I do not find any merit in this writ petition and consequently it is dismissed. It is made clear that till the disposal of the Revenue Appeal No.3/10, the statu s quo of the land in question shall be maintained as agreed by the learned couns el for both the sides.