BANIKANTI SARMA Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) Heard Mr. B.M. Sarma, learned counsel for the appellants as well as Mr. C.K. Sarma Baruah, learned Senior counsel assisted by Ms. A. Das, learned counsel appearing on behalf of respondent No.3 and respondent No.4 and also heard Mrs. A. Hazarika, learned Additional Sr. Govt. Advocate appearing for the official respondents.

(2.) This writ appeal before us has been carried from the judgment and order dated 6.3.2003 passed by the learned Single Judge in C.R. No. 3228/97 dismissing the writ petition preferred by the appellants as writ petitioners who moved the writ Court assailing the judgment and order dated 10.6.1997 passed by the learned Member, Assam Board of Revenue, Guwahati in two appeals being Nos. R.A. 55(K)/93 and R.A. 138(K)/93. The moot question raised herein is as to whether under Section 15 of the Assam State Acquisition of Lands belonging to Religious and Charitable Institution of Public Nature Act, 1959 (for short, 'the Act'), the land acquired under the Act can be settled to aperson other than the raiyat, privileged raiyat under the Assam (Temporarily Settled Districts) Tenancy Act, 1935 (for short 'the Act of 1935'), occupancy tenant under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (for short, 'the Act of 1971') therein and other related class of persons under Assam Land and Revenue Regulation, 1886.

(3.) Before delving upon the issue involved in this case, it would be apt and necessary to notice the factual matrix of the case in a nutshell.