SRI NIRANJAN CHAKRABORTY Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Choudhury, the learned Counsel for the petitioner. The learned Govt. Advocate Mr. J. Handique appears for the respondent No.1. The Rangapara Town Committee (hereinafter referred to as 'the Town Committee') and their Chairman (respondent Nos.2 & 3) are represented by the learned lawyer Mr. P. Mahanta. The private respondent Nos.4 - -7 are represented by the learned counsel Ms. B. Choudhury.

(2.) The petitioner purchased a plot of land measuring 4 Lechas out of total 6 Lechas, covered by Dag No.551, Periodic Patta No.337, situated at Rangapara Town, Ward No.3 of Balipara Mouza in Sonitpur District, from the pattadars and possessors Kashinath Paul and Tapan Paul (sons of Late Makhan Paul), through the Regd. Sale Deed No.923, dated 2.6.1999 (Annexure -1). Just a month before the sale transaction, the category of the sold land was converted from annual patta into periodic patta, under the Govt. Approval dated 20.5.1999 (Annexure -2) and after the stipulated premium was deposited, the Addl. DC (Revenue), Sonitpur passed the order on 29.5.1999 (Annexure -4) for conversion of the 6 Lechas land under Dag No.551 to miyadi patta from annual patta. The purchaser applied for mutation and the same was granted on 12.9.2001 in the Mutation Case No.40 and the land measuring 4 Lechas, covered by Dag No.551 of Periodic Patta No.337 was mutated in favour of Niranjan Chakraborty, in place of the sellers, Kashinath Paul and Tapan Paul.

(3.) After the purchased land was mutated in his favour, the purchaser made an application on 24.9.2001 (Annexure -6) to the Circle Officer, Chariduar, where he prayed for a direction on Chairman of the Town Committee to provide a Holding No. for the purchased property. The application for the Holding No. was forwarded to the Chairman on 24.9.2001 (Annexure -7) by the Circle Officer with the request for consideration of granting of the Holding No.