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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 Page No.# 6/16 notice.

8. Mr. H. Sarma, the learned Additional Senior Government Advocate appearing on behalf of the respondent No. 6 submitted that a perusal of Rule 1(2)(c) of the Settlement Rules framed under the Assam Land and Revenue Regulation, 1886 (for short, "the Regulation"), makes it clear that there cannot be any transfer by Annual Pattadars in favour of any person. The learned Additional Senior Government Advocate further submitted that even if there is any transfer by the Annual Pattadar to any person during the subsistence of the Annual Patta, the same may be enforceable qua the Annual Pattadar with the transferee, but the same would not be binding on the Government. The learned Additional Senior Government Advocate, therefore, submitted that neither the petitioner nor his predecessor-in-interest has any locus standi to challenge the order dated 24.05.2007 or to approach the learned Assam Board of Revenue or this Court. The learned Additional Senior Government Advocate further submitted that non-renewal notices were issued and the Additional Deputy Commissioner, Barpeta, having found that the Annual Pattadars had transferred the possession over the land which violated the conditions of the Annual Pattas, the Additional Deputy Commissioner, Barpeta vide the order dated 24.05.2007 had Page No.# 9/16 committed no error in cancelling the Annual Patta. The learned Additional Senior Government Advocate further submitted that the learned Assam Board of Revenue vide the judgment and order dated 28.11.2008 had committed no error in confirming the order dated 24.05.2007.

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15. From a perusal of the above quoted Rule, it would show that an Annual Patta confers no right of inheritance beyond the year of issue. Further to that, it confers no right of transfer or of sub- letting, and shall be liable to cancellation for any transfer or sub- letting even during the year of issue.

16. It is a settled principle of law, as has been held by this Court in the case of Molan Saikia Vs. State of Assam reported in AIR 1951 Assam 91, that an Annual Patta upon being issued to a person, unless no non-renewal notice in accordance with Clause 3 of the form of annual lease is given by either party, the Annual Patta must be issued for the ensuing year. It was further observed by this Court that the fact that no fresh grant of Annual Patta had been made to the patta holder is immaterial.

23. Having said so, this Court also finds it relevant to take note of Clause 11.2 of the Assam Land Policy, 2019 which is reproduced herein under:

"11.2 Government may examine the matter where transfer of Annual Patta land has been given effect to by the original pattadars to some other persons against the existing provisions and evolve a suitable mechanism to deal with such land so that no land remain under Annual Patta."

24. It is very pertinent to take note of that the order dated 24.05.2007 passed by the Additional Deputy Commissioner, Barpeta as well as the judgment and order passed by the learned Assam Board of Revenue dated 28.11.2008 is based upon the Page No.# 15/16 ground that there was a transfer made by the original Annual Patta holders. However, a perusal of Clause 11.2 of the Assam Land Policy, 2019 shows that the State Government, in its policy document, seeks to give some recognition to such transfer being made by the Annual Patta holders. However, it is also relevant at this stage to observe that the State Government in their policy take note of that such recognition is contrary to the existing provisions, and therefore would require evolving a suitable mechanism.