SUNIL KRISHNA PAUL Vs. ASSAM BOARD OF REVENUE

JUDGEMENT

(1.) One of the main question involved in this appeal for consideration is about the powers and jurisdiction of the Sub-Deputy Collector (SDC) to issue a notice under Section 116-A of the Assam Land and Revenue Regulation, 1886 (hereinafter referred to as the Regulation) for the purpose of effecting partition of share, as decided in a proceeding for perfect partition under Section 98 of the Regulation.

(2.) We have heard Shri K.K, Mahanta, learned counsel for the appellant and Shri G.P. Bhowmik, learned counsel appearing for respondent No. 3.

(3.) The facts in brief relevant for the purposes of disposal of this appeal are that the petitioner/appellant purchased land measuring 13 Lechas in Dag No. 313 of Periodic Patta No. 98 (New)/88 (Old) in Town Kachalukhowa Kisam in Mouza Town, district Nagaon, Assam in the year 1973. According to the petitioner/ appellant, his name was also mutated in the relevant records. The case of the petitioner/ appellant further is that since after the purchase of the land he is in physical possession thereof, having residential house, sanitary latrine, tube wells, etc. Respondent No. 3, Shri Baidya Nath Dutta, had also purchased land out of the said Dag No. 313 measuring 133/4 Lechas. Two others, who also held land out of the said Dag are Amalesh Chandra Paul and Dhiraj Das. According to the petitioner/ appellant, respondent No.3, Baidya Math Dutta, moved the Deputy Commissioner under Section 98 of the Regulation for issuance of a patta in his favour in respect of the land purchased by him, measuring 133/4 Lechas. Proceedings for perfect partition was initiated, being case No. PP18/79-80, before the Sub- Divisional Officer, Nagaon. Objections appeared to have been filed by the petitioner/ appellant; but the partition was ultimately allowed by order dated September 20,1982, which was approved by the Additional Deputy Commissioner on 29.9.82. An appeal was preferred by the petitioner/appellant before the Assam Board of Revenue, namely, Revenue Appeal No. 254(RA) (N)/82; but it was also dismissed. A separate patta No. 611, was issued in favour of respondent No. 3 in respect of 133/4 Lechas of land. The partition case was closed by order dated 9.4.85.