SAWNA BRAHMA Vs. ASSAM BOARD OF REVENUE AND ANOTHER

JUDGEMENT

(1.) THIS application under Article 226 of the Constitution of India is directed against an order of the Board of Revenue interfering in appeal purported to be made to it under Section 147 of the Assam Land and Revenue Regulation.

(2.) THE Board of Revenue interfered with an order of the Collector in settling excess land acquired under the Assam Fixation of Ceiling on Land Holdings Act, 1956, hereinafter referred to as 'the Act'. The petitioner, the second Respondent and another person applied for the land in question which measures about 7 Bighas and odd. All the three applications were sent to the Sub Deputy Collector for enquiry and report. On receipt of the reports, the Collector or the authorised officer, whoever he was, settled the land in favour of the petitioner. When this came to be known, the second Respondent made a prayer to the Deputy Commissioner to stay the issue, of the patta which was done. But later on that order of stay was vacated. That led to the appeal before the Board of Revenue under Section 147 of the Assam Land and Revenue Regulation. The Board entertained the appeal and gave the second Respondent relief by setting aside the order of settlement in favour of the petitioner.

(3.) THE short question that arises for consideration is whether the Board had jurisdiction to entertain an appeal against the particular order passed by the Collector in settling excess land under the Act. Section 31(1) provides for appeals. It reads as follows: