MD ABDUS SHUKUR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. N. Dhar, learned counsel for the petitioners. I have also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for respondent nos. 1 to 4 and 7 as well as Mr. D.P. Borah, learned counsel representing respondent no. 5. The name of the respondent no. 6 has been struck of from the record by the order dated 05/03/2013 passed by this Court in MC No. 203/2013.

(2.) The judgement and order dated 07/07/2011 passed by the Chairman of the Assam Board of Revenue, reviewing the earlier judgement and order dated 03/10/2008 passed by the learned Member of the Board of Revenue in case No. 34RA(KJ)/05has been put to challenge in this writ petition.

(3.) The brief facts of the case, as available from the materials on record, is that land measuring 2409 acres originally belonged to M/s. Bharat Samity Ltd., which was impleaded as respondent no. 6 in the present proceeding. Out of the 2409 acres of land situated in the district of Cachar (at present Karimganj district), Assam, 400 acres of land were requisitioned by the Government for rehabilitation of refugees coming from East Pakistan (now Bangladesh). Remaining 2009 acres of land was apprently sold by M/s. Bharat Samity Ltd. to one company, viz. Sriram Tea Company which was later transferred by Sriram Company to the respondent no. 5 by way of sale. The 400 acres of land requisitioned by the Government was subsequently de-requisitioned and the said plot of land was purchased by the writ petitioners by means of registered deeds of sale. Out of the 400 acress (1200 Bighas approx), the petitioners could retain possession only over about 968 bighas of land and accordingly, on the basis of an application made by the petitioners, the Settlement Officer had granted mutation over the land under the possession of the petitioners vide order dated 30/12/2004. The land in question appears to be covered by old Dag No. 70 and new Dag No. 90. The order dated 30/12/2004 passed by the Settlement Offier was taken in an appeal by the respondent no. 5 before the Assam Board of Revenue in case No. 34RA(KJ)/2005and the learned Member Smt. B. Borthakur had dismissed the appeal preferred by the respondent no. 5 by the judgement and order dated 03/10/2008, thereby upholding the order of mutation granted by the Settlement Officer in favour of the present petitioners.