DINESH CHANDRA DOWERAH AND ANR. Vs. THE CHAIRMAN, ASSAM BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution on behalf of the two Petitioners. The facts relevant are that for the years 1964 to 1967 tenders were invited for the settlement of Behiachetia Country Spirit Shop. The Petitioners applied for settlement of the shop. The Deputy Commissioner acting on the advice of the Advisory Board directed settlement of the shop to be made with the two Petitioners as joint lessees for three years from 1964 to 1967. As against the said order the unsuccessful endears, who are arrayed as Opposite Party Nos. 4 and 5 in the present petition, went up in appeal to the Assam Board of Revenue. In appeal the Assam Board of Revenue allowed the appeal filed by Opposite Party' Nos. 4 and 5 and directed settlement of the country spirit shop with Opposite Party Nos. 4 and 5 as joint lessees. It is against this order of the Assam Board of Revenue that the present petition has been filed. The prayer is that a writ of certiorari be issued quashing the order of the Assam Board of Revenne and if this Court comes to the conclusion that the appeal has not been properly disposed of then the appeal be sent back to the Assam Board of Revenue for disposal according to law.

(2.) A number of points have been taken but the main point urged by the Petitioners is that in disposing of the appeal, the Assam Board of Revenue has violated the principles of natural justice and has also acted in violation of Rule 17 framed in exercise of the powers conferred Under Section 13 of the Assam Board of Revenue Act, 1962. The relevant facts are that the Board of Revenue set aside the order of the Deputy Commissioner and the Advisory Board among other on the ground that for settlement of this shop in the year 1961 one of the Petitioners had tried to influence the then Deputy Commissioner and thus the Deputy Commissioner, as the Chairman of the Advisory Board, and the Advisory Board refused to recommend the name of the Petitioner for settlement of the said shop. It is not necessary to go into details as to what happened subsequent to the order of the Advisory Board and the Deputy Commissioner recommending that settlement should not be made with the Petitioner, because the matter came up to this Court on earlier occasion also. For the purposes of the present petition, it is only necessary to note that the Assam Board of Revenue has set aside the order of the Deputy Commissioner and the Advisory Board on the ground that one of the Petitioners possesses bad moral character inasmuch as he offered bribe to the Deputy Commissioner and tried to influence him in the settlement of this very shop in the year 1961. Dealing with this matter it will he convenient to refer to the order of Board itself as to how the Board has dealt with this matter in its judgment:

(3.) IN paragraph 15 of the petition it is stated that in the record of the case Appeal No. 169E/64, there was no alleged confidential letter No. 1073/Ex dated 25 -1 -1962 of the Deputy Commissioner to the Assam Board of Revenue. In paragraph 16 of the petition it is further stated that the Petitioners at no time, were supplied with a copy of the said confidential letter of the Deputy Commissioner. In the counter affidavit filed on behalf of Opposite Party Nos. 4 and 5, it is alleged in paragraph 5 (ii) that the Deputy Commissioner submitted reports on the points raised in the appeal petition and as against paragraph 7 of the appeal petition, the report of the Deputy Commissioner was as follows: