STATE OF ASSAM Vs. PRABIN RAM PHUUKAN

JUDGEMENT

(1.) Both the cases being connected, were heard together and are being disposed of by this common judgment and order.

(2.) To understand and appreciate the challenge made in the cases under consideration, a brief recital of the core facts will be required. The respondents in both the cases, Shri Prabin Ram Phukan and Shri Suren Ram Phukan were the joint owners and possessors of the land measuring 59Bs-lK-14Ls covered by different dags of K.P. Patta No. 284 (New) was 269 (Old) of village Betkuchi in Mouza Beltola in the district of Kamrup. There having occurred a default in the matter of payment of land revenue in respect of the aforesaid land, the same was put up for auction sale in the process of which the land was purchased by the Government of Assam at a taken price of Re. 1/-. Thereafter, the settlement in the name of the patta holders was annuled. This happened in the year 1978. The patta holders taking the plea that the aforesaid auction sale and annulment of the settlement in their favour having come to their knowledge in the year 1993, from a certified copy of the Jamabandi obtained by them, approached the learned Board of Revenue by filing an application under Rule 149 of the Rules framed under the Assam Land and Revene Regulation. The aforesaid approach to the learned Board of Revenue was made in the year 1996 and the intervening period i.e. between 1993 and 1996 was sought to be explained by the pattadars on the basis of a representation filed before the Revenue Minister, Government of Assam. The learned Board of Revenue, on being so approached, took the view that the applicants before it i.e. the pattadars, had sufficiently explained the delayed-approach to the Board and, therefore, the case brought forward by the pattaders was fit for adjudication on merits. Thereafter, the learned Board of Revenue took the further view that the auction sale of the property and the annulment of settlement having been made without following the procedure prescribed by the relevant provisions of the Regulation and the Rules framed, the learned Board of Revenue by order dated 23.2.1998 allowed the application filed by the pattadars with the following directions :-

(3.) After the learned Board of Revenue had passed orders as noticed above, restoration of possession of the land of the pattadars excepting the land already allotted to the Indian Oil Corporation was made by the revenue authority of the State of Assam and correction of the revenue records, on payment of land revenue due from the pattadars, was accordingly made by the authority. However, the tatter part of the order of the learned Board of Revenue i.e. the payment of compensation not having been implemented, the pattadars filed a writ petition being W.R (C) No. 2234/ 2000 before this Court praying for a writ of Mandamus directing the State to pay the premium amount collected by it from the Indian Oil Corporation. This Court, by order dated 26.2.2001, disposed of the said writ application directing the respondents to pay the amcoint of compensation as ordered by the Board within a period of 3 months. It must be noticed at this stage that the aforesaid direction was issued by this Court in a situation where the State has already complied with a part of the directions issued by the Board in its order dated 23.2.98 and the said order dated 23.2.98 was not put to any specific challenge before any appropriate legal forum. It is against the aforesaid order dated 26.2:2001 passed in W.R (C) No. 2234/ 2000 that Writ Appeal No. 512/2002 has been filed. During the pendency of the aforesaid writ appeal, the State of Assam has filed W.R (C) No. 5628/2004 challenging the order dated 23.2.1998 passed by the learned Board of Revenue. It is the aforesaid two cases that are being presently considered by us.