STATE OF ASSAM Vs. KANAK CHANDRA DUTTA

JUDGEMENT

(1.) This appeal raises the question whether a Mauzadar in the Assam Valley holds a civil post under the State of Assam and is entitled to the protection of Art. 311 (2) of the Constitution. On March 4, 1939, respondent, Kanak Chandra Dutta was appointed Mauzadar of Mancotta Mouza in the Dibrugarh Sub-division of Lakhimpur District. His father also before his death was the Mauzadar of Mancotta Mouza for about 52 years from 1885 to 1938. Under the orders of the Deputy Commissioner, Lakhimpur, the respondent was suspended on August 22, 1949 and was dismissed from the office of the Mauzadar on July 4, 1962. It is common case that this dismissal from office was made without complying with the provisions of Art. 311 (2) of the Constitution. On a writ petition filed by the respondent, the Assam High Court quashed the order of dismissal. The High Court held that the respondent held a civil post under the State of Assam, and was entitled to the protection of Art. 311 (2) of the Constitution. The correctness of this finding is challenged by the State of Assam in this appeal by special leave.

(2.) Under the Mauzadari system of collecting revenue prevailing in the Assam Valley, the revenue charge of a Mouza and the responsibility for the whole revenue of it in the first instance rest with the Mauzadar. The Mauzadar is spoken of as a "revenue contractor", see Baden-Powell's Land Systems of British India. Vol. 3, p. 459. A brief description of the Mauzadari system is given at pages 56 and 57 of the Introduction to the Assam Land Revenue Manual. 6th Edn. The executive instructions appearing in Paras. 115 to 159 and 167(a) at pages 203 to 215 and 217 to 222 give the method of selection, appointment and dismissal of a Mauzadar, the duties and emoluments of the office and the registers to be kept and maintained by him. The Mauzadar is generally an influential and well-to-do resident of his Mouza. He may be appointed and dismissed by the Deputy Commissioner subject to the Commissioner's approval and suspended by the Deputy Commissioner on his own authority. A Mauzadar's successor is ordinarily selected from amongst the members of his family. If a suitable heir of the deceased Mauzadar is a minor, the post may be kept open for him for a period not exceeding three years, an agent being appointed in the meantime to carry on the duties of the Mauzadar. Every Mauzadar before his appointment has to execute a written agreement (kabuliyat) in the prescribed form. He is also required to furnish security to the satisfaction of the Deputy Commissioner.

(3.) A Mauzadar is a public servant whose primary duty is to collect land revenue and other Government dues with the collection of which he is entrusted. He is responsible for the collection of poll-tax, house-tax, tauzibahir revenue, grazing fees and forest dues. He undertakes to pay into the treasury the full amount of all instalments of land revenue and local rates included in the Jamabandi and of house-tax, poll-tax and grazing fees within one month of the date on which they fall due for payment. In regard to land revenue, his duties are confined to collection and he is not concerned with its assessment, the settlement of land and the checking of maps or assessment papers.