KHAGEN MIKIR S/ O LT KANDURA MIKIR KACHARI VILL- NARBAM Vs. STATE OF ASSAM AND ORS
HIGH COURT OF GAUHATI
Khagen Mikir S/ O Lt Kandura Mikir Kachari Vill- Narbam
STATE OF ASSAM AND ORS
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Prasanta Kumar Deka, J. -
(1.) Heard Mr. L. Talukdar,The learned counsel appearing on behalf of the petitioner and also Ms. K. Jain appearing on behalf of the respondent Nos. 5, 6, 7 and 8 and also heard Mr. T. C. Chutia, the learned Additional Senior Government Advocate for respondent Nos. 1 and 2.
(2.) In this writ petition the petitioner challenged the judgment passed by the Assam Board of Revenue in Case No. 14 RA (K)/2009 dated 02.07.2010. Mr. Talukdar submits that the father of the petitioner was Kandura Mikir, son of Paplu Mikir who was an occupancy tenant under his landlord Sudhir Chandra Benarjee with respect to land measuring 1 Bigha 1 katha 6 Lechas covered by Dag No. 549 of K.P. Patta No. 144 of Village Barsajai under Mouza Beltola. Late Kandura Mikir had been in occupation of land since 1957-64 as an 'Adhiar' under the same landlord and he was protected under the Assam Adhiars Protection and Regulation Act, 1948. Thereafter, the said Kandura Mikir was the tenant as per the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (hereinafter referred as Act of 1971) till his death in the year, 1984. After the death of Kandura Mikir, the present petitioner inherited the tenancy over the said land under the said Act of 1971. The petitioner filed an application under Section 23 of the said Act of 1971 before the Deputy Commissioner, Kamrup for acquisition of ownership right over the said land under occupation as a rayat. Sudhir Chandra Benarjee died and on his death, his brother, Kalipada Banarjee, became the landlord and after his death his two sons, namely, Ram Prasad Benarjee and Lakshmi Prasad Benarjee became the owners/landlords in respect of the said 1 Bigha 1 Katha 6 Lechas of land. The application for acquisition of ownership right was registered as Tenancy Case No. 51 of 2004 before the Additional Deputy Commissioner, Kamrup (Metro) in which all the present private respondents in this writ petition were impleaded as required under the prescribed Rules of the Act 1971. The present private respondent Nos. 5 and 6 raised objections in Tenancy Case No. 51 of 2004 thereby disputing that the father of the present petitioner, Late Kandura Mikir was not a tenant over the land concerned, rather one Kandura Kachari was the rayat on the land measuring 1 Bigha 1 Katha 6 Lechas. The said Tenancy Case No. 51 of 2004 was allowed vide order dated 12.02.2008 and the same was sent for approval of the Government.
(3.) Being aggrieved, the present private respondent Nos. 5, 6, 7 and 8 filed an appeal against the said order dated 12.02.2008 before the Hon'ble Assam Board of Revenue. The said appeal was registered as Case No. 14 RA (K)/09. The Assam Board of Revenue vide judgment and order dated 02.07.2008 set aside order dated 12.02.2008 passed in Tenancy Case No. 51 of 2004 and directed the petitioner to approach appropriate forum for confirmation of his tenancy. The present petitioner has filed this writ petition challenging the said judgment dated 02.07.2010 passed by the Hon'ble Assam Board of Revenue.;
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