IMPORTANT POINT
The Court established that cancellation of an annual patta must adhere to principles of natural justice and due process as mandated by the Assam Land and Revenue Regulations.

JUDGMENT :

(N. Unni Krishnan Nair, J.) :

Heard Mr. R. Sarma, learned counsel for the petitioner. Also heard Mr. A. Bhattacharjee, learned Standing Counsel for the Revenue and Disaster Management Department appearing for the respondents No. 1 & 2 and Ms. U. Das, learned Addl. Senior Government Advocate appearing for the respondents no. 3 to 6 as well as Ms. A. J. Das, learned counsel appearing for the respondent no. 7.

2. The challenge made in the present proceeding is to an order dated 06.10.2020, passed by the Assam Board of Revenue in Revenue Appeal No. 84R. A. (L)/2019. The petitioner had also presented a challenge to an order dated 19.03.2018, passed by the Addl. Deputy Commissioner (Revenue), Lakhimpur in N. R. Case No. 32/2018 and an order dated 08.03.2018, passed by the Circle Officer, North Lakhimpur Revenue Circle, Lakhimpur in Case No. 18/2018.

3. The petitioner, herein, is the legal heir of Late Anjum Ali. Late Anjum Ali, on 06.02.1980, was issued with a Annual Khiraj Patta No. 7 by the Settlement Officer, Lakhimpur and thereby settling with him a plot of land measuring 01 Bigha, 02 Kathas, 18 Lechas; covered by Dag No. 397 and another plot of land measuring 01 Bigha, 03 Kathas, 04 Lechas; covered by Dag No. 64 situated at village Borbosa under Nakari Mouza in the district of Lakhimpur. The total area of land so settled with late Anjum Ali was 03 Bighas, 01 Katha and 02 Lechas. The father of the petitioner, late Anjum Ali had died in the year 2006. The petitioner contends that after the death of Anjum Ali, his legal heirs, including the petitioner, herein; had arrived at an amicable settlement amongst themselves as regards the immovable properties, left behind by his father late Anjum Ali and the land measuring 01 Bigha, 02 Kathas and 18 Lechas; covered by Dag No. 397 of Annual Patta No. 7, fell within the share of the petitioner. It is the contention of the petitioner that he has been enjoying the possession of the said land and carrying out cultivation thereon, along with rearing of cattle without any objection or disturbance from any corner.

4. It is contended that the respondent no. 7 had preferred an application before the Circle Officer, North Lakhimpur Revenue Circle, Lakhimpur on 07.06.2016; claiming that the land in question was purchased from the family of the petitioner by him and has been possessing the same and accordingly, it was prayed that the land so purchased by the respondent no. 7 be mutated in his name by deleting the name of the opposite parties. It is to be noted that the father of the petitioner along with his brothers and the petitioner himself, were named as the opposite parties in the said application. The prayer so made by the respondent no. 7 was to the extent of the plot of land measuring 01 Bigha, 10 Lechas; covered by Dag No. 397 under Annual Patta No. 7. It is seen that in pursuance to the said application, the jurisdictional Lat Mandal had submitted a report on 11.12.2017, and therein, in view of the transfer of the land in the name of the respondent no. 7, it was proposed to cancel the Annual Patta of the said land by initiating a violation case and to declare the land as Government land.

5. On receipt of the said report from the jurisdictional Lat Mandal, the Circle Officer, North Lakhimpur Revenue Circle; instituted a case being Re-Settlement Case No. 18/2018 and apprehending possibility of transfer of land, illegally in violation of Rule 1(2) (C) of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886, proceeded to direct issuance of notice to the parties to show cause as to why the land covered by Annual Patta No. 7 should not be converted to Government land by instituting a cancellation case. It is the specific contention of the petitioner that no notice in this connection was received by him or his family members from the office of the Circle Officer, North Lakhimpur Revenue Circle. The Circle Officer, North Revenue Circle, thereafter, in the Re-settlement