JITENDRALAL CHATTERJEE Vs. THE STATE

JUDGEMENT

(1.) THIS appeal under Section 147 -B, Assam Land & Revenue Regulation is directed against the order of the learned Deputy Commissioner, Goalpara, dated 25th April 1949, by which he disallowed an objection petition put in by the appellant and ordered encroachment made by him on Government land to be removed.

(2.) THE land in question was admittedly surveyed in the name of the appellant in 1931 when he applied for its settlement. He paid premium at the rate of Rs. 600 per bigha. The area of the dag was 1 K. 8 L. The number assigned to it was 854. The record does not show if the land revenue payable was fixed. The appellant claims that the amount payable by him as land revenue was Rs. 6.15 per annum and that he paid the revenue for some years. The Deputy Commissioner in his report dated 27th April 1949, has denied the truth of the statement that land revenue was paid after the settlement. There is no proof of payment on the record.

(3.) THERE is no proof of the service of the order on him. One joint notice was is3ued to several persons concerned. It cannot be ascertained from the signatures appearing on the notice as to whether appellant was served. The Deputy Commissioner has dismissed this plea as an easy one. He states that as a man of prudence the appellant should have asked for the patta of the land. The learned Government Advocate also finds himself unable on this record to contend that the notice demanding further payment was served on the petitioner.