BINA MIRDHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M. A. Sheikh, learned counsel appearing on behalf of the petitioners. Also heard Mr. R. Borpujari, learned counsel appearing on behalf of respondent No. 1 and Mr. B.J. Talukdar, learned Senior Counsel, appearing on behalf of respondent Nos. 2, 3 and 4.

(2.) The petitioners herein, being aggrieved by the inaction on the part of the respondent authorities to allot the land and grant settlement by issuance of permanent Patta in their favour, have filed the instant writ petition. The facts as would appear from the pleadings, are that the petitioners' grandfather one Late Lakswan Mirdha was working as a workman at the Jalalpur Tea Estate in the district of Cachar. It has been mentioned in the writ petition that the said tea garden authorities had granted settlement of the plot of land in question to the grandfather of the petitioners and the grandfather of the petitioners had possessed and utilised the said land during his life time. It is also mentioned that after the death of the petitioners' grandfather, the father of the petitioners, Late Sanatan Mirdha @ Suna Mirdha was possessing and utilising the said land.

(3.) A plot of land comprising of 9 Bighas 1 Katha, 3 Chatak located in Mouza Baleswar Grant, Porgana Jalalpur, bearing Dag No. 256 of 2ndR.S. was acquired by the Government in terms with the provisions of the Assam Fixation of Ceiling on Land Holding Act, 1956 (for short, "Act of 1956"), as the same was ceiling surplus land. The father of the petitioners, who was in possession of the land applied for allotment of the land. It is mentioned in the writ petition that the father of the petitioners came to learn that there was a proposal to allot some land to the father of the petitioners along with others. It is seen from the pleadings of the petitioners that specific emphasis has been made to a communication dtd. 21/5/1980 (Annexure-4 to the writ petition), issued by the Sub-Deputy Collector, Katigorah, to the Deputy Commissioner, Cachar, Silchar. The said communication was issued in connection to a petition filed by one Shri Alok Ahmed Laskar and 117 others praying for public road from Biswamberpur to Kushiarkul via Baleswargrant over ceiling surplus land. This Court finds it very pertinent to take note of the contents of the said communication taking into account that the entire case of the petitioners rests on the said communication. From a perusal of the communication dtd. 21/5/1980, it reveals that various persons had applied for allotment of land pursuant to the acquisition of the ceiling surplus land of the said tea estate under the Act of 1956. At the request of the local people, it was decided that 1 Bigha 1 Katha 13 Chatak of land from Dag Nos. 224, 254 and 256 of Mouza Baleswargrant was required for construction of the road. It was also mentioned that amongst the various persons, the petitioners' father was also proposed to be allotted 2 Bighas of land. However, the allotment certificate was not prepared and distributed and the final possession was not handed over to the proposed allottees. It further reveals from the chart, which was a part of the said communication dtd. 21/5/1980 that the father of the petitioners was proposed to be allotted 2 Bighas of land and, out which 5 Katha 13 Chatak of land was to be excluded for the purpose of construction of the road and allotment could be given in respect of 1 Bigha 14 Katha 3 Chatak of land. It is the case of the petitioners that other persons have been granted settlement except the father of the petitioners and, as such, the present writ petition has been filed seeking a direction to the respondent authorities to issue permanent Patta in favour of the petitioners.