SRI SUREN SINGHA Vs. SRI MUBI SHARMA

JUDGEMENT

(1.) Heard Sri R L Yadav, the learned counsel appearing for the petitioners in both the cases. The private respondents are unrepresented although notices were deemed to be served upon them. The learned Govt. Advocate Ms. H.M. Phukan appears for the State authorities.

(2.) The challenge in both the writ petitions is to the common judgment dated 18.04.2011 (Annexure -C) of the Assam Board of Revenue (hereinafter referred to as 'the Revenue Board') in the Revenue Case Nos. 6 RA (N) of 2007 & 7 RA (N) of 2007, whereby the Appeals filed by the respondents (hereinafter referred to as 'the transferors') was allowed and restoration of the annual patta in the name of the transferors was ordered, in respect of the annual patta land(s), sold through un - registered deeds, to the writ petitioners (transferees). Earlier, the transfer of annual patta land was construed to be in violation of the settlement condition, the transferred land was declared to be Govt. land and consequential direction was issued for correction of the revenue records, by the Addl. DC, Nagaon.

(3.) The transferors pleaded in their appeal before the Revenue Board that, they were the annual patta holders for the lands in question and had not executed any valid sale in favour of the transferees. The Revenue Board held that transfer of land by un - registered sale deeds is invalid. On such findings, the cancellation of the annual patta, ordered by the Revenue Authorities was found to be vitiated and consequently both Appeals were allowed and direction was issued for restoration of annual patta of the transferors.