JALALUDDIN AHMED Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India is directed against a notification publishing a draft statement under Section 7(1) of the Assam Fixation of Ceiling on Land Holdings Act, 1956, hereinafter referred to as 'the Act'.

(2.) THE draft statement is dated 28 -09 -65 and was issued by the Sub -divisional Officer. Hailakandi. The land is held by Petitioner who is the proprietor of Kachila Tea Estate in Cachar District. The land of this grant measures 1629 Bighas 14 Kathas 13 Chataks, which the Petitioner "holds for special cultivation of tea/and/or purposes ancillary thereto" (Para 2 of the petition). The Petitioner preferred an objection to the draft statement under Section 7 of the Act on 07 -02 -66 to the Sub -divisional Officer who rejected his objection by order dated 12 -06 -67. The Petitioner thereafter preferred an appeal to the State Government under Section 7(3) of the Act but without success, and hence this application challenging the draft statement and the successive adverse orders passed in the proceedings under the Act. The Petitioner has given a break -up of the entire area under this grant at para 4 of his petition. We may quote the same:

(3.) THE application is accordingly allowed. We will, however, make no order as to costs.