RAFIQUDDIN Vs. MUKLUSA BIBI

JUDGEMENT

(1.) This is an appeal against an order passed by the learned Deputy Commissioner, Cachar, dated 27th Aug. 1948. The order is in these terms:

(2.) It is admitted by Mr, Dam that under Clause (b), Sec. 147, Assam Land and Revenue Regulation, 1886, an appeal lies from any order, original or appellate, passed by a Deputy Commissioner of a District. Neither para. 1 of the order in question nor para. 2 constitutes an order within the meaning of Clause (b) of Sec. 147. Admittedly, the appellant is an annual patta-holder and under the terms of the settlement, Government has the right to give a non renewal notice of the annual patta to the patta-holder that the patta will not be renewed for the following agricultural year. A non-renewal notice issued to an annual patta-holder is not an order passed within the meaning of Sec. 147 (b), Assam Land and Revenue Regulation : nor is the Rule issued to the appellant to show cause why he should not be prosecuted under Sec. 193, Penal Code, an order within the meaning of Sec. 147 (b).

(3.) The result is that the appeal is dismissed with no order as to costs.