GIRIJANANDA CHAUDHURY Vs. STATE OF ASSAM AND ANR.

JUDGEMENT

(1.) THE principal question which arises for determination in this application for writ is the constitutional validity of the Assam Assessment of Revenue Free Waste Land Grants Act (Act 24. of 1948).

(2.) MOST of the grounds on which the legislation is challenged are covered by the decision, of this Court in - -'All India Tea & Trading Co Ltd. v. State of Assam', ILR (1953) 5 Assam 200 (A). It was, however, contended with some -amount of reason that the decision required reconsideration and as we considered the question, of sufficient importance, we referred this matter to a Special Bench. The material facts are almost undisputed. The petitioner is owner of certain revenue free estates commonly known as the Greenwood Fee Simple Grant, Bhogargaon Fee Simple grant and the Odal Bakara Fee Simple grant in Mauza Beltola of Kamrup district.

(3.) THE whole question, therefore, is whether the legislation in question is ultra vires the Government of India Act 1935 and the present Constitution, in so far as it purports to affect the estates of the petitioner which had been held by him until the Act in question came into force, free from the payment of revenue by virtue of the stipulation contained in the sale deeds executed by the Government, conveying these lands for consideration to the petitioner's predecessors -in -interest and alienating also there under the right to realise land revenue.