Sri Prabin Ram Phukan Versus State of Assam



CIVIL APPEAL NOs. 662-663 OF 2008

Sri Prabin Ram Phukan & Anr. .…Appellant(s)


State of Assam & Ors.….Respondents(s)


The question arises for consideration in these appeals is whether the High Court was justified in allowing the writ appeal and the writ petition filed by the State thereby was justified in setting aside the order of the Board impugned in the writ petition? In order to appreciate the issue involved in these appeals, it is necessary to state the facts in detail infra. The dispute relates to the agricultural land measuring 59 Bighas 1 Katha 14 Leacha covered by Dag Nos. 435, 437, 376, 433, 434, 438, 439, 358, 361, 1348, 343 and 836 bearing patta Nos. 284 (new)/269(old) situated at Village Betkuchi in Mouza Beltola in the District of Kamrup. The appellants were the co-land holders of this land which is an “estate” as defined under Section 3(b) of the Assam Land And Revenue Regulation, 1886 (hereinafter referred to as “The Regulation”).Their names were also duly entered in the revenue records as “recorded land holders” as defined in Section 3(i) of the Regulation, all through. This land is subjected to payment of land revenue as per the provisions of the Regulation. It appears, as being an undisputed fact, that a sum of Rs.731.70 was found payable by the appellants towards land revenue on the aforesaid land (estate) and since the appellants did not pay the said amount, the Deputy Commissioner registered a case being Case No. 3/13 of 1976-77 for recovery of Rs. 731.70 from the appellants. The Deputy Commissioner after making efforts to realize the dues by sale of movable of the appellants put the aforesaid land for auction sale on 29.06.1978 for realization of Rs.731.70 as per the provisions of the Regulation. However, no bidder participated in the auction proceedings held on few adjourned dates and hence, the State stepped in and purchased the entire land/estate for Rs.1/- in the auction proceedings as provided under Rule 141. Thereafter, the State allotted 40 Bighas of land out of total land to the Indian Oil Corporation (IOC) on payment of yearly premium of Rs. 26,000/- per Kattha. In addition, the State also directed the IOC to deposit Rs.38,50,600/-towards compensation with the State Government. The IOC, accordingly, deposited the sum as directed….read more