JITENDRA NATH SAIKIA Vs. HIMANSHU KUMAR DUTTA

JUDGEMENT

(1.) THIS is an application under Article 226 of the Constitution by which the order of the Assam Board of Revenue (hereinafter 'the Board') upholding the settlement of the Bokakhat Country Spirit Shop (hereinafter 'the C.S. Shop') for the period from 1-6-1979 to 30-3-1980 with respondent No. 1 made by the Sub-divisional Officer, Colaghat (hereinafter 'the S.D.O.'); has been challenged.

(2.) THE material facts are brief. The C. S. shop was advertised for sale and six tenderers, including the petitioner and respondents Nos. 1 and 2, filed tenders. The S.D.O. settled the C.S. shop with respondent No. 1. The petitioner preferred an appeal before the Board being appeal No. 69 E/79 and respondent No. 2 also filed an appeal being appeal No. 114 E/79 before the Board. Both the appeals were disposed of by the Board by the common impugned order.

(3.) IN order to appropriate the point urged, a few more facts need be stated, The father of respondent No. 1 was the lessee of the C.S. shop 'in question from 1939-40 till his death on 17-12-1971, whereafter the shop was settled with respondent No. 1 on 20-12-1971. Since then the settlement was being made' with respondent No. 1 for every term. At the time of the death of his father, respondent No. 1 was about 23 years of age and was dependent on the father.