Gauhati High Court
Numaligarh Refinery Ltd. And Ors. vs Assam Board Of Revenue And Ors. on 24 February, 2003
Equivalent citations: AIR2003GAU119, AIR 2003 GAUHATI 119, (2003) 4 CIVLJ 385 (2003) 2 GAU LR 537, (2003) 2 GAU LR 537
ORDER B.B. Deb, J.
1. I have heard Mr. P. C. Deka, the learned counsel appearing on behalf of the petitioners and the learned Government Advocate, Assam appearing on behalf of the respondents.
2. An eviction proceeding bearing Encroachment Case No. 101/92-93 was initiated by the Deputy Commissioner. Golaghat under Rule 18 (2) of the Assam Land Revenue Regulation Rules against one Bhadreswar Tanti pertaining to land of Dag No. 94/219and 108 measuring 9 bighas and odd. Against that proceeding/notice said Bhadreswar Tanti preferred revenue appeal before the Assam Board of Revenue in Case No. 89 RS (GLT)/93/90 RA (GLT)/93 and the Assam Board of Revenue vide judgment dated 19-8-1996 (Annexure-VI) allowed the appeal and quashed the eviction proceeding/notice issued by the Deputy Commissioner, Golaghat. The case of the present petitioners is that the land under the aforesaid Dag number along with other land had been allotted to the petitioners and advance possession was also handed over in April, 1990. The Advance Possession Certificate issued by the Circle Officer, Golaghat Revenue Circle is available under Annexure-III at page 19 which is reproduced below :--
"GOVERNMENT OF ASSAM OFFICE OF THE CIRCLE OFFICER : GOLAGHAT REVENUE CIRCLE No. GC. 4/89/452 Dated, Golaghat the 1st April, 1990 ADVANCE POSSESSION CERTIFICATE In pursuance of the order of the Deputy Commissioner, Golaghat communicated vide his letter No. GRS. 47/89/63 dated 1-4-93 the advance possession of 1442B-2K-4L, (476'83 Acres) Sarkari land as shown in Annexure-I (enclosed herewith) have been handed over to Shri D.K. Goswami, Sr. Manager (Projects) Numaligarh Refinery on this 1st day of April, 1993. Possession taken over by :-- Possession handed over by :--
Sd/- Illegible, Sd/- Illegible,
1-4-93 1-4-93
Sr. Manager (Projects) Circle Officer,
Numaligarh Refinery Golaghat Revenue
Project. Circle
The advance possession of remaining 9B-2K-16 Lochas of Sarkari land as shown in Annexure-II (enclosed herewith) will be handed over along with acquired patta land as this is bounded by patta land of all sides. Memo No. GC/4/89/452(A) Dated Golaghat the 1st April, 1993
Copy forwarded to :-- 1. The Deputy Commissioner, Golaghat for favour of
information. This has a reference to his letter No.
GRS.47/89/63(A) dated 1-4-93.
2. Shri D. K. Goswami, Sr. Manager (Project)
Numaligarh Refinery, for favour of information and
necessary action.
Sd/- Illegible,
1-4-93
Circle Officer,
Golaghat Revenue Circle.
SCHEDULE OF GOVT. LAND FOR NUMALIGARH OIL REFINERY PLANT SITE.
Name of Mouza
Name of Village
Dag No.
Area
B
K
L
Morongi Mouza
1.
Hatimorajan grant Gaon
2
79
1
4
13
212
0
5
291
1
9
2.
Hatimora Putta Gaon
2
301
1
11
40
80
0
10
381
2
1
3.
Panka grant Gaon
48
5
1
18
49
0
4
14
50 (Part)
21
3
17
28
0
9
4.
Owguri Chapori
94/219
168
2
9
193
407
4
19
212
92
4
9
90 (part)
2
1
18
108 "
45
4
10
106 "
7
1
11
109 "
4
4
5
111 "
3
2
4
115
4
1
5
118
2
2
10
119
1
3
5
741
3
5
Grand Total (1+2+3+4) = 1442 Bigha-2 Kathas 4 Lochas
=476'83 Acres.
Sd/- Illegible
1-4-93
Circle Officer,
Golaghat Revenue Circle
3. Since Bhadreswar Tanti, the present respondent No. 4 had not made the present petitioner party before the Assam Board of Revenue, the present petitioner was in dark regarding pendency and disposal of the said revenue case. Getting information subsequently, the present petitioner filed an application before the Assam Board of Revenue seeking review of the order dated 19-8-1996 and that review petition has been registered as Case No. SRA(GLT)RVW/96/Case No. 6RA(GLT)RVW/96 and by order dated 5-8-1997 the Assam Board of Revenue dismissed the petition holding, inter alia, that since the petitioner was not a party in the revenue appeal, it earned no right to seek for review.
4. In view of Order 47, Rule 1 and Section 114 of C.P.C. it appears that the Assam Board of Revenue mis-construed the provision of Order 47 of C.P.C. Order 47 does not contemplate a party to a suit or proceeding to seek for review, rather it permits any person aggrieved by the order to seek for review. In the present case, having regard to the allotment order, I am of the considered opinion that the present petitioners acquired some sort of right and they perfected their right to resort to the Order 47, Rule 1 of C.P.C., to seek for review of the order passed by the Assam Board of Revenue. But since the Assam Board of Revenue has not declared any sort of right in favour of Bhadreswar Tanti but only on technical ground quashed the eviction notice issued by the Deputy Commissioner, in my considered opinion there remains nothing to be reviewed. No finding adverse to the interest of the present petitioners has been recorded by the Assam Board of Revenue. However, in case the Deputy Commissioner thinks it appropriate to invoke power under Rule 18(1) (2) of the Assam Land and Revenue Regulation, the petitioners are entitled to be notified and without issuing notice to the petitioners, meaning thereby, without allowing the petitioners reasonable opportunity of being heard no eviction proceeding against person whosoever cannot be initiated by the Deputy Commissioner pertaining to Dag No. 94/219 and 108.
5. With the above observation, the writ petition stands disposed of.