RANJEEV GOSWAMI Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) The appellant in both the cases purchased a land measuring 7-bigha 1 -katha 5-lecha in dag 654 and 524 patta 109 and 67 in Karchia village under Panbari mouza in Kamrup (M) district. Before purchase, appellant made an application for granting permission. After considering the request a Mandal processed the matter and later sent a report to the circle officer and on the recommendation of the circle officer the Additional Deputy Commissioner (ADC) had granted permission for purchase vide annexure I dated 26th April, 2001. In the permission granted, it is stated that the purchase can be made by paying a price of Rs. 10,000/- a bigha. Accordingly for the above land purchased, Rs. 72,000/- was paid and a registered sale deed was obtained by the appellant. Later on the circle officer issued notice that the purchase of land by the appellant is contrary to the provisions of Section 162(2)(3) of the Assam Land and Revenue Regulation, 1886 (ALRR), and the provisions of the Assam Alienation of Land (Regulation) Rules, 1980.

(2.) Provisions of section 162(1)(2)(3) of the ALRR, relevant, are extracted herein below for convenient reference.

(3.) The above provisions declare that a person not resident of tribal belt/block is not permitted to purchase a land and all such purchase is held to be void and no registration for purchase or transfer should be permitted.