HAREN SAIKIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.P. Roy, learned counsel for the petitioner. Also heard Ms. A. Verma, learned counsel appearing for the respondent Nos. 2, 3 and 4 and Mr. D. Nath, learned Addl. Advocate General, appearing for the respondent No. 1.

(2.) The petitioner claims to be in absolute possession and occupation of a plot of land measuring 15 bighas 14 kathas 1 lecha of Dag No. 282 of village Chandrapur Bagicha under Panbari Mouza in the district of Kamrup. It is stated that the said land was occupied by the forefathers of the petitioner since long. It is also stated that the petitioner came into possession of the land about 29/30 years ago upon inheriting it from his forefathers. It is stated by the learned counsel for the petitioner that the said plot of land was notified to be a tribal belt area sometime in the year 1961. On the amendment of the Assam Land and Revenue Regulation Act, 1886, Chapter X thereto was brought in and thereafter the plot of land being a tribal belt area, is governed by the provision of Chapter X of Assam Land and Revenue Regulation Act, 1886, in short Act of 1886.

(3.) In the aforesaid circumstance, the petitioner had submitted an application dated 24.05.2002 requesting the authorities for allotment of the plot of land measuring 15 bighas 4 kathas 1 lecha for establishing and running a brick industry. The said application was forwarded by the Deputy Secretary to the Govt. of Assam, Revenue (Settlement) Department to the Deputy Commissioner, Kamrup for submission of a report as per the existing rules and procedure. Thereafter, the Deputy Commissioner, Kamrup by letter dated 006.2002 forwarded the said application to the Circle Officer, Chandrapur Revenue Circle. The Circle Officer, Chandrapur Revenue Circle submitted an enquiry report dated 17.10.2002 to the Deputy Commissioner, Kamrup, wherein, it was stated that the petitioner has been enjoying the possession of the land of Dag No. 282 since the last 20 years and out of the 15 bighas 4 kathas 1 lecha, the petitioner is utilizing about 7 kathas 4 bighas 10? for operating a brick kiln. It was also stated that the proposed land is within the tribal belt and the petitioner is a resident of tribal belt and has been paying the touzi revenue regularly.