LAKHIRAM KOCH Vs. AKON CHANDRA BORAH

JUDGEMENT

(1.) THIS is an appeal against the order of the Deputy Commissioner resettling land of an annulled patta on Akon Chandra Borah, a brother of the Mondal.

(2.) NO copy of the order settling the land on the Respondent is on the record. The original is said to be untraceable. It appears that the Patta in favour of the appellant and other members of his family was annulled in 1935 by the orders of the commissioner as they committed default in the payment of land revenue. The appellant merely claims that the land should have been resettled on him as he was prepared to pay all arrears of revenue for the period during which there was default in the payment of land revenue. He also urges that he was petitioning to the Deputy Commissioner for obtaining the land and was also offering to pay arrears due. It appears to me that where a patta is annulled by reason of arrears of land revenue, the pattadar cannot claim that he has got a right to a resettlement of the land on payment of the arrears of land revenue. The executive instruction to which reference has been made by the learned counsel for the appellant provides as follows:

(3.) THIS executive direction does not create any right in favour of the persons whose patta has been annulled. It merely embodies a Rule that defaulter should not have resettlement of the land without the special sanction of the Deputy Commissioner or the Sub -divisional Officer. The discretion to resettle the land on a defaulter still remains with the Revenue Officer. In these circumstances it is not open to the learned Counsel for the appellant to contend that any express direction contained in the law or the Rules under the Assam Land and Revenue Regulation has been violated by resettlement of the land on the respondent.