IMPORTANT POINT
The absence of a final statement under the Assam Ceiling Act prevents the vesting of land rights in the State, affirming the Petitioners' ownership.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. B.D. Deka, the learned counsel appearing on behalf of the Petitioners and Ms. U. Das, the learned Additional Senior Government Advocate appearing on behalf of the Respondent Nos. 1, 4 and 5. I have also heard Mr. R. Borpujari, the learned Standing counsel appearing on behalf of the Revenue Department, Government of Assam.

2. The Petitioners herein have approached this Court seeking a writ in the nature of certiorari for setting aside the final statement passed in Ceiling Case No. 372/1976, the order dated 20.06.2013 passed by the Commissioner and Secretary, Revenue and Disaster Management Department; the order dated 19.01.2015 passed by the Additional Chief Secretary, Government of Assam rejecting the application for the review as well as the order dated 31.12.2019 passed by the Deputy Secretary/Additional Secretary i.e. the Respondent No. 3 rejecting the applications filed by the Petitioners on 26.04.2019 and 26.06.2019. Further to that, the Petitioners have also sought for a direction upon the Respondent Authorities to forthwith release the land measuring 158 Bighas 4 Kathas 8 Lechas covered by N.K. Patta No. 9 of village Niz Sindurighopa under Mouza Sila Sindurighopa in the District of Kamrup, Assam.

3. For the purpose of adjudication of the instant petition, this Court finds it relevant to take note of the brief facts leading to the filing of the instant petition.

4. The Petitioners herein are the legal representatives of the original Pattadars namely Late Bhagwan Sarma, Late Harekrishna Sarma, Late Golak Sarma, Late Suryakanta Sarma and Late Chandrakanta Sarma. Their predecessor-in-interest held various plots of land including lands in N.K. Patta No. 2 comprising of an area of 7 Bighas 2 Kathas 8 Lechas of Village Dhopatari and N.K. Patta No. 3 comprising of 394 Bighas 0 Katha 2 Lechas under village Bon Moza. In addition to that, the Petitioners claimed that the Petitioners’ predecessors were also the owners of another plot of land covered by N.K. Patta No. 9 of village Niz Sindurighopa under Mouza Sindurighopa admeasuring 158 Bighas 4 Kathas 18 Lechas. On 08.09.2009, when the Petitioners obtained the certified copy of the Jamabandi of N.K. Patta No. 9, they were shocked to learn that the names of their predecessor-in-interest were struck off in respect to a purported Ceiling Case No. 372/1976 initiated under the provisions of the Assam Fixation of Ceiling on Land Holdings Act, 1956 (for short ‘the Act of 1956’). Under such circumstances, the Petitioners submitted a RTI application seeking information pertaining to the Ceiling proceedings.

5. On 20.07.2010, the Petitioners were furnished with a reply along with certain documents. From the documents, the Petitioners discovered the two ceiling cases bearing Ceiling Case No. 384/1974 and Ceiling Case No. 372/1976 had been initiated against the original pattadars in respect of the land covered by three pattas being N.K. Patta No. 2, 3 and 9. It was also learned from those documents that the Additional Deputy Commissioner vide its order dated 31.07.1974 passed in Ceiling Case No. 384/1974 had directed publication of the draft statement purportedly under Section 7(2) of the Act of 1956. However, as to whether the said draft statement was at all published or not, the Petitioners could not gather from the information so furnished. The Petitioners also came to learn that in spite of such directions in the order dated 31.07.1974, the proceedings in Ceiling Case No. 384/1974 were not carried forward and instead, a fresh proceedings in the form of Ceiling Case No. 372/1976 was commenced wherein the Collector passed an order on 21.02.1976 observing that although the draft statement was published in the year 1970, no notices were served on the Pattadars and thus the Collector fixed the matter for filing of objections on 02.03.1976.

6. It was seen that on 02.03.1976, one of the Pattadars i.e. Late Harekrishna Sarma had filed an objection by stating t