GOURI SHANKAR BAHATI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both these petitions are taken-up together as common questions of fact as well as law are involved in the petitions.

(2.) The legality add validity of the order dated 8.1.2.88, passed by the Chief Executive Member., Karbi Anglong District Council and the consequential order dated 24.09.90, passed by the Secretary In-charge, Revenue, Karbi Anglong District Council, is the subject- matter of the writ petition in Civil Rule 3056/ 90. The respondents in Civil Rule No. 2056/ 90, sought for correction of the revenue records before the Revenue officer, Karbi Anglong District Council, Diphu and the Revenue officer while examining the records, noted the Report of the Asstt. Revenue officer Donka circle dated 3.10.86. The Revenue officer observed that the entire patta was transferred in the name of M/s.Ramjidas Mukundaram Firm in the year 1945-46. Shri Naresh Chandra Dey, arrayed as respondent No.5 in Civil Rule 2056/90 contended that the patta was illegally transferred to the name of M/s Ramjidas Mukundaram Firm in fie year 1945-46. The Revenue Officer consulted the records and found that the land-in-question was mutated in favour of M/s Ramjidas Mukuandaram Firm in the year 19451-46, on the strength of an order dated 8.10.45ipassed in Mutation case No. 40 of 1945-46. Since the applicant , respondent No. 5 in this proceeding was admittedly, not in possession of the land and no land revenue was paid, as such, the revenue authority rejecfted the application of the applicant for revising the mutation order of 1945-46 under Section 151 of the Assam Land & Revenue Regulations, 1886. On appeal, the learned Chief Executive Member, Karbi Anglong District Council, Diphu, by its order dated 21.1.89, reviewed the order of the Revenue officer and allowed the appeal, directing the Asstt. Revenue officer to effect correction of the revenue records. The Asstt. Revenue officer on receipt of the appellate order from the Chief Executive Member, Karbi Anglong District Council, conveyed the difficulties faced by it in complying with the directions. The Asstt. Revenue officer pointed out that title patta stood in the name of M/s Ramjidas Mukundaram Firm since 1946 on the strength of an order under Section 40 of the Assam Land & Revenue Regulations, 1886 by which the party was granted a Periodic Patta. The Asstt. Revenue officer reminded that once a periodic patta was granted under the law for the time being in force, the Revenue authorities have no power to cancel it even on the ground of fraud. The officer concerned examined the records and submitted the following report to the competent authority vide his communication bearing No. DMK/REV/ MUTATION/89-90/1022-29 datedl5-5-89, the relevant portion of which reads as follows:

(3.) In both the Civil Rules, Naresh Chandra Dey, the private respondent, entered appearance through his appointed counsel. However, no affidavit was filed on behalf of any of the said respondents. Both the matters are finally posted for hearing today. Shri S N Bhuyan, Senior Advocate, assisted by Shri Ujjal Bhuyan, the learned counsel appearing on behalf of Naresh Chandra Dey, stated in the Court that since briefs were withdrawn by the party since long, therefore, they are not representing them.The respondents on calling did not appear, nor did he take any steps to represent his cause by any counsel. I have already mentioned about the impugned order dated 8.12.88, passed by the Chief Executive Member, Karbi Anglong District Council on the appeal petition filed by Naresh Chandra Dey, signed on and communicated vide Memo No.8764 dated 21.1.89 Admittedly, the above order was passed in the absence of the petitioner. The said averment of the petitioner was not disputed by Naresh Chandra Dey at any stage. The District Council also did not contest the fact that the impugned order dated 8.12.88, was passed in the absence of the petitioner. Even otherwise also, the impugned order of the learned Chief Executive Member, Karbi Anglong District Council was without jurisdiction in as much as the provision empowering the Cheif Executive Member, Karbi. Anglong District Council for entertaining appeal, has been deleted/repealed by the amending Act 1973 which came into force on 13th of June, 1973.