An annual lease granted under statutory regulation prohibits transfer or sub-letting, rendering such unauthorized transactions unenforceable against the government. Furthermore, general policy pronouncements favoring the recognition of such transfers do not create enforceable legal rights for transferees until a specific implementing mechanism is formally established.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. R. Dubey, the learned counsel appearing on behalf of the petitioner. Mr. H. Sarma, the learned Additional Senior Government Advocate appears on behalf of the respondent No. 6 and Mr. A. Das, the learned counsel appears on behalf of some of the private respondents.

2. This Court, taking into account the submissions of the learned counsel appearing on behalf of the petitioner also sought the assistance of Mr. R. Borpujari, the learned Standing Counsel for the Revenue and Disaster Management Department, Government of Assam.

3. The present writ petition has been filed by the petitioner challenging the judgment and order dated 28.11.2008 passed in Case No. 116 RA(B)/07, whereby the said Revenue Appeal was dismissed by the learned Assam Board of Revenue.

BRIEF FACTS OF THE CASE

4. The brief facts as it emerges from the materials on record are that the Government had granted Annual Pattas to (1).Chida Kalita, (2).Krishna Kalita, (3). Dhana Kalita and (4).Bhagaban Mistri in respect of various plots of land covered by Dag Nos. 147, 148, 151, 153, 175, 197, 201, 206 and 221 of Village Jati, Barpeta, for cultivation purposes. The predecessor-in-interest of the petitioner, namely, Sri Prabhat Chandra Das (since deceased), had taken over the said lands from the original pattadars and used the same for cultivation purposes.

5. On 05.11.2004, a report was submitted to the Circle Officer, Barpeta Revenue Circle by the concerned Lot Mandal stating that the Annual Patta land admeasuring 18 Bighas 2 Kathas under Dag No. 221 was in the possession of Sri Bamdev Mazumdar, Sri Helen Talukdar, Sri Kamal Bharali, Sri Munin Sarma, Sri Amar Gayan, Sri Thunu Gayan, Sri Tiken Gayan, Sri Mukut Pathak, and Sri Nikunjo Pathak. It was further mentioned that no person was in possession of the Annual Patta land under Dag No. 197. In respect to the Annual Patta land under Dag No. 203 which admeasures 7 Bighas 2 Kathas 10 Lechas, no person was found in possession. It was, therefore, reported that the conditions of the Annual Patta land were violated and that appropriate steps be taken for initiation of a Non-Renewal Case. On the basis thereof, a Non-Renewal Case, being NR Case No. 3/06-07 was initiated by issuance of notice to the original pattadars in respect to the Annual Patta land measuring 18 Bighas 2 Kathas under Dag No. 221 and 7 Bighas 2 Kathas 10 Lechas under Dag No. 203. It is relevant to take note of that though the predecessor-in-interest of the petitioner was not issued any Annual Patta, his name was also mentioned in the said notice.

6. The Additional Deputy Commissioner, Barpeta vide order dated 24.05.2007 opined that the Annual Pattadars of land admeasuring 18 Bighas 2 Kathas 0 Lecha under Dag No. 221 and 7 Bighas 2 Kathas 10 Lechas under Dag No. 203 of Village Jati under Mouza Barpeta had violated the conditions of the Annual Pattas by transferring possession. Accordingly, the Annual Pattas pertaining to Dag Nos. 203 and 221 were cancelled, and the land was reverted back to the Government as Sarkari land. The said order was challenged by the original petitioner in the present proceedings by filing an Appeal before the learned Assam Board of Revenue, which was registered as Case No. 11