ABDUL GANI AND ORS. Vs. SETTLEMENT OFFICER AND ORS.

JUDGEMENT

(1.) THESE ten petitioners have prayed for a Writ of Mandamus or any other appropriate Writ directing the state of Assam not to interfere with the settlement of lands already made in their favour, and the other opposite parties to refrain from reducing the areas settled with each of the petitioners under orders of the State Government.

(2.) THE material facts may be stated thus. The petitioners claim to be residents of village Padumani -Kismat in Mouza Namati, in the District of Nowgong. On their application, the Deputy Commissioner of Nowgong, by his order, dated 2 -12 -49, allotted' 200 bighas of 'Sarkari' lands at the rate of 20 bighas to each of them. The petitioners made investments in reclaiming the lands and occupied and cultivated the same. They have been also paying the instalments of premia in respect of the lands allotted to them, for which they hold receipts, and have also made payments of the revenue regularly. It appears that subsequent to the allotments, some persons approached the authorities for converting those lands into a grazing reserve, but the Settlement Officer of Nowgong, after, making due enquiries, rejected their objections and confirmed the settlements made with the petitioners. Since then the petitioners have been all along cultivating the lands, according to the area of 20 bighas allotted to each of them and have been in peaceful occupation of the same. The boundaries of the lands in their respective occupation have also been demarcated by the 'Mandal, though, so far no -'pattas' have, been issued to the petitioners.

(3.) IN the report submitted by the Settlement -Officer of Nowgong, the material facts are substantially admitted. He has not disputed that 200 bighas of 'Sarkari' waste lands in the village in question were allotted to the petitioners on 2 -12 -49 at the rate of 20 bighas each, as per orders of the then Deputy Commissioner, Mr. N. Kidwai. Since the allotments, the petitioners have admittedly paid three 'kists' of premium. The report shows that the fourth kist was due, but Mr, P. A. Ahmad on behalf of the petitioners stated that they had since paid the fourth 'kist' also. It is also not disputed that they have been paying the land revenue in respect of the lands settled. The report shows that in view of the Government letter referred to above, the Settlement Officer reduced the allotments from 20 bighas to 15 bighas each. The settlement is reported to be not under the Colonisation Scheme, as suggested by the petitioners, but under the Development Rate Scheme (D.R.S.) covered by Government Notification No. 4587, dated 12 -9 -41. A copy of the notification has been forwarded with the report of the Settlement Officer. The Officer further states that the area being under re -settlement operation, 'pattas' in respect of the settlements will be issued in the normal course of procedure.