ORDER

Date : 11-01-2021 Heard Mr. I Alam, learned counsel for the petitioner. Also heard Ms. M Bhattacharjee, learned counsel for the respondents No.2, 3 and 4 and Mr. PS Deka, learned counsel for the respondent No.1. 2. The petitioner purchased a plot of land measuring 1 bigha, 10 kathas and 4 chattak by registered sale deed dated 11.03.2020 comprising of dags No.120, 121 in Patta No.9 of Porgona- Barakpur, Mouza Tarapur, Part VI in the Cachar district. It is stated that in respect of the same land, a khatian has been issued by the authorities in respect of some other persons under the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (for short, the Act of 1971). In the circumstance, the petitioner being aggrieved by the issuance of khatian seeks for an interference with the khatians that were issued.

3. One of the prayers in the writ petition is for a writ in the nature of mandamus directing the respondent authorities which is extracted as below:

“………..a mandamus should not be issued directing the respondent authority to dispose of the appeal petition as per Assam Land Revenue Regulation, 1886 and further direction to dispose of the representation dated 01.08.2018 and 14.07.2020…”

4. A reading of the prayer goes to show that this writ petition has been instituted primarily for the purpose of a direction to the respondent authorities to dispose of the appeal as per the Assam Land Revenue Regulation, 1886. The said prayer is misconceived to the extent that issuance of a khatian is governed by the provisions of the Act of 1971 and, therefore, any application for cancellation of a khatian issued to any person would also be governed by same Act. The procedure to be followed on a grievance of a khatian being issued to any other person is provided under Rule 33 of the Assam (Temporarily Settled Areas) Tenancy Rules, 1972 (for short, the Rules of 1972). Rule 33 of the Rules of 1972 is extracted as below:

“Rule 33. Objection how to be made: (1) Blank forms of objection shall be supplied free of charges unless otherwise decided by the State Government. An objection shall, as far as practicable, be in Form 20 and such objection shall be filed before an Assistant Settlement Officer having jurisdiction over the area. Along with the original objection, the objector shall also file sufficient copies of the original objection as may be required for service on the opposite party or parties and such other persons who in the opinion of the Assistant Settlement Officer are materially interested in the case. The Assistant Settlement Officer shall hear the parties and all such persons who are interested on the date and place fixed for the hearing of the objection. Generally, the Assistant Settlement Officer shall record an abstract of the reason for decision and the record shall contain the names of the witness if examined. No objection shall be disposed of in the absence of any of the interested parties or their authorized representatives unless the Assistant Settlement Officer is satisfied for reasons to be recorded in writing that the notices were duly served on all the persons concerned.”

5. Rule 33 of the Rules of 1972 provides for a procedure to be adopted when an objection is sought to be raised against a publication of the draft record under Rule 32. The publication of the draft record is preceded by the procedure provided in the Rule 31 which is a recording of the attestation and local explanation. Rule 31 provides that the Assistant Settlement Officer may cause a draft khatian to be prepared from the Chitha and the khatian shall be in Form 19. Apparently, any person aggrieved by the khatian issued under Form 19 would require an objection to be filed under Rule 33. Rule 33 as extracted aforesaid provides for blank form of objection to be supplied free of charge unless otherwise decided by the State Government and an objection as far as practicable be made in Form 20 and such objection shall be filed before the Assistant Settlement Officer