SONESWAR BASUMATARY Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) The legality and validity of an order passed by the learned Member, Assam Board of Revenue, Guwahati in Revenue Appeal Case No. 116(N)/92 dated 13.8.93 is the subject matter of litigation in this petition.

(2.) The writ petition pertains to a plot of land measuring 28 Bighas 4 Kathas 12 Lechas covered by Dag Nos. 195, 211, 212 and 386 of Patta No. 197, under Kandali Mouza, Kisan Barkandali Mikirpar, in the district of Nagaon, which, admittedly, is a land situated in the tribal belt. Respondent No. 7 is the owner and pattadar of the land in question as is indicated in the judgment of the Revenue Board. Respondent No. 7 entered into a contractual agreement for sale of the said land with respondents Nos. 3 to 6 and to that effect, respondent No. 7 received a sum of Rs. 30,000/ -. The respondents obtained permission from the Addl. Deputy Commissioner (ADC in short), Nagaon for the transfer of the said land. The vendor accordingly presented the Sale Deed before the Sub-Registrar, Nagaon for registration, but the Sub-Registrar refused to register the same on the ground that the Additional Deputy Commissioner, Nagaon, by his order No.NRP(Ch-X)-13/92/58 dtd. 20.7.92, stayed the permission. On enquiry, the respondents/purchasers and the vendor came to know that the ADC stayed his own order by his order dated 20.7.92. The moved the authority for consideration of the order, but since that was not done, one of the vendors preferred appeal before the Assam Board .of Revenue which was numbered as Case No. 116 RA(N)/92. The learned Member, Assam Board of Revenue, entertained the appeal by condoling the delay and upon hearing both the parties and after considering the materials on record, by his order dated 13.8.93, as referred to above, set aside the order passed by the learned ADC on 20.7.92. Hence this petition.

(3.) Before entering in to the respective merits of the decision, it is pertinent to refer to the provisions of the relevant law in this regard. The administration of land revenue in the State is regulated by the Assam Land and Revenue Regulalion, 1886. By the Assam Land and Revenue Regulation (Amendment) Act, 1947 (Assam, Act XV of 1947), a special provision was incorporated in Chapter X of the Assam Land and Revenue Regulation, 1886 for giving protection to the backward classes with regard to transfer or alienation of land belonging members of the backward classes to any other persons. The relevant provisions of the said Act are extracted herein below :