SANWARIA PROPERTIES Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Narzary, the learned counsel appearing for the petitioner. Also heard Mr. P.S. Deka, the learned Govt. Advocate appearing for the State respondents.

(2.) The petitioner is a business establishment with their office at Makum Road, Tinsukia. They purchased 21 Bigha 3 Katha 18 Lecha of land at village Maidam Gaon in Beltola Mouza, Guwahati through a registered sale deed dated 1.1.1986 from the land owner, Dipika Bhattacharjee. But the purchaser could not secure mutation over the land, because of the ongoing re-settlement operation.

(3.) While situated thus, in the Case No.KDC-75/2000, the Addl. DC, Kamrup passed an order on 28.3.2000, creating tenancy khatian under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (hereinafter referred to as 'the Tenancy Act'), in the name of two khatiandars i.e. Lakhi Boro and Bulu Teron. Thus the Khatian Nos.145, 148, 147 & 149 in favour of the khatiandars was created. Thereafter ownership and intermediary rights in favour of the tenants under Section 23 of the Tenancy Act was also declared, in place of the land owner/seller, Smti. Dipika Bhattacharjee.