Conversion of Annual Patta to Periodic Patta is permissible under law and government policy, especially concerning succession and not transfer.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. P. K. Tiwari, learned Senior Counsel assisted by Mr. A. R. Gogoi, the learned counsel appearing on behalf of the Petitioners. Also heard Mr. B Goswami, the learned Addl. Advocate General, Assam who appears on behalf of the Respondent Nos. 2, 3 and 4. None has appeared on behalf of the Respondent Nos.5 and 6. None also appears on behalf of the Revenue Department, Govt. of Assam when the matter was taken up.

PREFACE:

2. The Petitioners herein have assailed the order dated 10.07.2014, passed by the Deputy Commissioner, Lakhimpur i.e. the Respondent No.2 herein, whereby the Respondent No. 2 held that the conversion of the Annual Patta No.28 of Dag No.443 of 9/6 Koilamari Village map in favor of the predecessor-in-interest of the Respondent No.5 was in accordance with law.

BRIEF FACTS LEADING TO THE FILING OF THE WRIT PETITION:

3. The brief facts which led to the filing of the instant writ petition is that the predecessor-in-interest of the original Petitioner No.1 was a Village Headman and Gaonburah of 9/6 Koilamari Village, North Lakhimpur and the Petitioner No.2 was a resident of the said village. There is no dispute that the entire 9/6 Koilamari Village falls within the tribal belt constituted and declared under the provisions of Chapter X of the Assam Land and Revenue Regulation 1886, (for short, ‘the Regulation’).

4. It is the case of the Petitioners that in the year 1961, their fathers occupied 12 Bighas of land which is now covered by Dag No.443 of Periodic Patta No.25 of 9/6 Koilamari Village under Mouza Nakari in Lakhimpur district and constructed houses thereupon. In the year 1962, during the Indo-China War, the Indian Army requisitioned the said land on temporary basis for setting up camps for which the Petitioners were paid a lump sum amount. After the war, the Petitioners submitted an application to the Settlement Officer, North Lakhimpur, on 21.07.1971, followed by another application dated 22.08.1972 to de-requisition and return the land to the Petitioners. Thereafter, the possession of the land was handed over by the Settlement Authorities. It is the further case of the Petitioners that the Petitioners continued to use and occupy the said land, which the Petitioners claim that they are in possession as on the date of the filing of the writ petition.

5. The Petitioners, along with other similarly situated persons, submitted an application to the Settlement Officer, North Lakhimpur on 08.08.1983, seeking settlement in respect to the land in their possession. But the concerned authorities, instead of considering the said application, issued Annual Patta in favour of the father of the husband of the Respondent No.5, who was a non-tribal and later converted to a periodic patta on 25.02.1984.

6. Be that as it may, an Order bearing No.154 was issued from the Office of the Deputy Commissioner/Sub-Divisional Officer in favour of the Petitioner No.1, stating inter alia, that the land admeasuring 1 Bigha covered by Dag No.13 (part)/407 under 9/6 Koilamari Village, Mouza Nakari was allotted to the Petitioner No.1 for construction of house and for use and enjoyment. A financial assistance of Rs.750/- was also granted. The said document has been enclosed as Annexure-3 to the writ petition. A perusal of the said document reveals that the land which was allotted was different from the land belonging to the private Respondents.

7. It is also alleged in the writ petition that in the month of April 2012, the Petitioners came to learn that out of the 12 Bighas of land under their possession,