SIRAJUDDIN Vs. THE STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THE Petitioner assails the notification dated 6.12.78 (Annexure -C) and the notice dated 14.11.34 (Annexure -D), on the allegations that he has been a permanent resident of village Majdimaru Part -II (Marjong Pathar). Mouza -Kaki, District Nagaon and has been living from the time of his ancestors. The Petitioner has been in possession of the land which had been settled long back. The said village has been predominantly inhabited by 'non -tribal' population, but the Respondents without any proper enquiry had issued the notification dated 6.12.78 to constitute the villages stated therein as tribal block under the provisions of Section 161 of the Assam Land and Revenue Regulation, 1885 hereafter the 'Regulation', and subsequently by notice dated 24.11.84 the Petitioner had been required to hand over possession of the land. The Petitioner's contention is that the constitution of the tribal block and notice issued to the Petitioner in pursuance thereof was without any justification and not warranted by law.

(2.) THE Respondents have not filed affidavit -in opposition, and have not produced any records. It may be noted here that time was given to the Respondents to produce the records relasing to issue of notification if any under Sub -section 2 of Section 160 of the regulation or the constitution of the tribal block, but no records have been produced.

(3.) THE main question to be seen is that whether the constitution of the tribal block under Section 161 of the Regulation was in accordance with law.