RAJEN CHUTIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The challenge in this writ petition is the Annexure-VI order dated Additional Deputy Commissioner (R), Sivasagar, by which the earlier settlement of land granted in favour of the petitioner has been cancelled. For a ready reference, the impugned order, dated 10.12.2010, is quoted below:

(2.) After the aforesaid development, the Circle Officer, by his letter dated 22.01.2010, asked the authority to assess the premium of the land allotted to the petitioner and, accordingly, the premium for the land in question was fixed vide letter dated 23.03.2010 and the petitioner deposited an amount of Rs. 19,200/- on 25.03.2010 through Treasury Challan. Thereafter the Additional Deputy Commissioner, Sivasagar, vide his Annexure-IV letter, dated 26.03.2010, informed the petitioner about the settlement of the aforesaid land. As stated the writ petition, there was no question of handing over the possession of the land as the petitioner was already in possession of the same.

(3.) In paragraph 5 of the writ petition, the petitioner has stated that several other persons had also been settled with Government land alongside the land of the petitioner. When the matter rested thus, the petitioner received Annexure-V, communication dated 30.11.2010, from the Additional Deputy Commissioner, Sivasagar, asking him to appear before the Additional Deputy Commissioner on 06.12.2010 for hearing. The communication was made in reference to the settlement of the aforesaid land made with the petitioner. On receipt of the said communication, the petitioner appeared before the Additional Deputy Commissioner on 06.12.2010, but as claimed in the writ petition, he was not asked anything in respect of the land.