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DEVASHIS BARUAH
Maud Tea And Seed Company Ltd. , Rep. By Its Authorized Representative, Namely Sri Sudhir Lohia, Son Of Late Ram Gopal Lohia – Appellant
Versus
State Of Assam, Rep. By Its Commissioner And Secretary To The Govt. Of Assam, Department Of Land Revenue (Reforms) – Respondent
JUDGMENT :
(Devashis Baruah, J.)
Heard Mr. B. Dutta, the learned senior counsel assisted by Mr. S Deka, the learned counsel appearing on behalf of the petitioner and Mr. M. Chetia, the learned Government Advocate, Assam appearing on behalf of the respondent Nos.2, 3 and 4. I have also heard Mr. SS Roy, the learned counsel appearing on behalf of the respondent No.5.
2. The petitioner herein has assailed the order dated 01.10.2018 passed by the Deputy Commissioner, Tinsukia i.e. respondent No.2 whereby in exercise of Rule 116 of the Settlement Rules framed under the Assam Land and Revenue Regulations, 1886 (for short, ‘the Regulation’) had struck off the name of the petitioner from the Register of Records in respect to land measuring 5 bighas 0 katha 13 lechas and 9 bighas 4 kathas 10 lechas totalling to 15 bighas 0 katha 3 lechas contained in Dag Nos. 12 and 13 of Patta No.2 of No.2 Patia Pathar village under Mouza-Tinsukia in the District of Tinsukia, Assam (for the sake of convenience referred to as ‘the land in question’) and reverted the land back to the State Government.
3. The issue which has been raised in the instant proceedings is as to whether merely because of the fact that
The Deputy Commissioner cannot strike off a name from land records solely based on non-possession without considering the interest in the estate.
The Deputy Commissioner cannot strike off a recorded proprietor's name for lack of possession without proof of loss of interest, maintaining property rights against unlawful encroachments.
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
No settlement of Government land for brick kilns without temporary permission from the Government, supported by applicable land policies and regulations.
Revenue Authorities cannot adjudicate land title disputes; such matters must be resolved by Civil Courts under the Assam Land Revenue Regulation, 1886.
An order made without jurisdiction is null and void, reinforcing the established property rights in land ownership disputes under the Odisha Survey and Settlement Act, 1958.
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