PREM CHAND GANDHI Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. A. K. Maheswari, the learned counsel for the petitioner and Mr. A. Roy, learned counsel for the respondent No. 4 and Mr. H. K. Mahanta, learned Govt. Advocate.

(2.) THE case of the writ petitioner is that he is a member of 'chimba' community of Punjab, which is recognized as Backward Class in the State of Punjab. The petitioner came to Jonai some time in 1949-50 and thereafter the petitioner approached the Sub-Divisional Officer (C), Jonai for allotment of land and the Jonai Land Allotment Committee in their meeting held on 16. 12. 1999 recommended the name of the petitioner for allotment of 10 lechas of land and accordingly the SDO (C), Jonai passed an order of settlement on 21. 1. 2001. Subsequently respondent No. 4 Shri Deb Ram Pegu filed an application before the Deputy Commissioner, Dhemaji challenging the said settlement on the ground that the land in question falls under the Tribal Belt of Jonai and as the petitioner does not belong to Tribal community, he is not eligible for settlement and the order of settlement needs to be set aside. Thereafter the Addl. Deputy Commis sioner, Dhemaji upon hearing both sides vide order dated 13. 3. 2001 in Case No. 5/99 set aside the order of settlement in favour of the petitioner. Feeling aggrieved, the petitioner filed an appeal before the Assam Board of Revenue in Case No. 29ra (DMJ)/2001 and the said appeal was dismissed affirming the order of the Addl. Deputy Commissioner, Dhemaji vide order dated 5. 3. 2002. The petitioner filed a review application and the said review application was also dismissed on 19. 12. 2002 in Case No. 1 RA (DMJ) (RVW)/2002. Hence, the present writ petition.

(3.) MR. A. K. Maheswari, the learned counsel for the petitioner submits that the land in question for which the order of settlement was passed and subsequently cancelled falls within the Tribal Belt of Jonai which was declared as Tribal Belt long before the order of settlement. We find that there is no dispute at the Bar that the petitioner does not belong to the eligible Tribal community to get an order of settlement as because the 'chimba' community of Punjab is not included in the list of Tribes who are entitled to get an order of settlement of land situated in the Tribal Belt.