SIBA KANTA MEDHI Vs. DEBJYOTI BORA

JUDGEMENT

(1.) This appeal has been filed against the JUDGMENT & ORDER of the learned Single Judge given in Civil Rule No. 3588/95 on 14.2.96 allowing the Civil Rule filed by Debajyoti Bora, the petitioner/respondent, in respect of the settlement of Doboka Sand Mahal under Nagaaa South Division, Hojai in favour of respondent/ appellant Sri S.K. Medhi.

(2.) We have heard Mr. B.K. Sharma, assisted by Mr. P.K. Tiwari, learned counsel appearing for the respondent/appellant Sri S.K. Medhi, Mr. B.Das, learned counsel appearing for the petitioner/respondent Sri Debajyoti Bora; and Mr. B. Banerjee, learned Addl. Senior Government Advocate appearing for the State of Assam. Mr. Banerjee has also [produced before us the original records.

(3.) Mr. Sharma, learned counsel appearing for the appellant/respondent Sri S.K. Medhi has urged before us that the order which has been passed by the competent authority in respect of settlement of the Mahal is a direct settlement under Rule 3 (iii) of the Assam Sale of Forest Produce, Coupes & Mahals Rules, 1977. In the alternative, it has also been urged that even if it is treated to be an extension, the view taken by the learned Single Judge that the extension could not be granted under Rule 21 (3) is not correct inasmuch as the aforesaid rule only places a prohibition for making extension for a period more than three years and in this case extension has only been made for a period of two years.