Writ Appeal No. 295 of 2016. Case: Bikram Phukan Vs The State of Assam and Ors.. Guwahati High Court

Case NumberWrit Appeal No. 295 of 2016
CounselFor Appellant: S.P. Roy and A. Talukdar, Advocates and For Respondents: B.N. Sarma, Senior Govt. Advocate and P.K. Deka, Advocate
JudgesAjit Singh, C.J. and Nishitendu Chaudhury, J.
IssueAssam (temporarily Settled Areas) Tenancy Act, 1971 - Sections 23, 24, 25, 26, 3(14), 4(1)(i), 5, 58, 6, 67, 7; Code of Civil Procedure, 1908 (CPC) - Order V Rule 15
CitationAIR 2016 Gau 187
Judgement DateSeptember 05, 2016
CourtGuwahati High Court


Nishitendu Chaudhury, J.

  1. The judgment and order dated 16.06.2016 passed by learned Single Judge of this Court in WP(C) No. 660/2010 has been called in question in the present writ appeal.

  2. The predecessor-in-interest of the respondents No. 5 to 9 herein was Patela Boro who became an occupancy tenant with respect to land covered by Dag No. 118 of Kheraj Patta No. 143 of Mouza Beltola in village Betkuchi under predecessor-in-interest of the present appellant. A Khatian was issued in favour of the original occupancy tenant under Chapter X of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (hereinafter referred to as 'the Act') which unless rebutted is liable to be presumed to be correct under Section 58 of the Act. An occupancy tenant, as defined in Section 4(1)(i) of the Act is one who has been holding immediately under a proprietor, landholder or settlement holder other than landholder having right of occupancy over the agricultural land under occupation. Right of occupancy, on the other hand, can be acquired by a person who has continuously held a land as tenant as provided under Section 5 of the Act. Section 23 of the Act entitles an occupancy tenant to acquire ownership right and intermediary rights. He has to file an application in writing to the Deputy Commissioner in prescribed Form and thereupon the Revenue Officer would assess compensation to be paid to the landlord under Sections 24 and 25 of the Act. Once such amount is paid by the occupancy tenant, the Deputy Commissioner shall declare that the said occupancy tenant had acquired the ownership rights free from the encumbrances.

  3. Four sons of Late Patela Boro having inherited the occupancy right under Sections 6 and 7 of the Act filed application before the Revenue Officer at Kamrup under Form No. 5 prescribed under Rule 9 of the Assam (Temporarily Settled Areas) Tenancy Rules, 1972 (hereinafter referred to as 'the Rules'). They mentioned the name of predecessor of the present appellant as one of the pattadars in the application in the prescribed Form. In fact, the names of three pattadars were duly mentioned in the application. The applicants prayed for ownership right with respect to land covered by Khatian No. 166 and with respect to land covered by K.P. Patta No. 143 and Dag No. 118 having land revenue of Rs. 9.90. The Deputy Commissioner thereafter issued notice under Form No. 6 to the landlords and one Hemen Phukan accepted the notices. As no objection was filed thereafter from the...

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