Prabin Ram Phukan & Anr vs State Of Assam & Ors

5. In order to appreciate the issue involved in these appeals, it is necessary to state the facts in detail infra.

7. It appears, as being an undisputed fact, that a sum of Rs.731.70 was found payable by the appellants towards land revenue on the aforesaid land (estate) and since the appellants did not pay the said amount, the Deputy Commissioner registered a case being Case No. 3/13 of 1976-77 for recovery of Rs. 731.70 from the appellants. The Deputy Commissioner after making efforts to realize the dues by sale of moveable of the appellants put the aforesaid land for auction sale on 29.06.1978 for realization of Rs.731.70 as per the provisions of the Regulation. However, no bidder participated in the auction proceedings held on few adjourned dates and hence, the State stepped in and purchased the entire land/estate for Rs.1/- in the auction proceedings as provided under Rule 141. Thereafter, the State allotted 40 Bighas of land out of total land to the Indian Oil Corporation (IOC) on payment of yearly premium of Rs. 26,000/- per Kattha. In addition, the State also directed the IOC to deposit Rs.38,50,600/- towards compensation with the State Government. The IOC, accordingly, deposited the sum as directed.

13. The High Court, by order dated 27.05.2003, dismissed the appeal as being barred by limitation. It was held that no sufficient cause had been shown by the State to condone the delay in filing the appeal. Feeling aggrieved by the dismissal of their appeal, the State filed SLP (C) No. 874 of 2004 before this Court. By order dated 03.09.2004, this Court granted leave and allowed the appeal and remanded the case to the Division Bench for its decision on merits in the appeal.

11. Learned single judge, by order dated 26.02.2001, allowed the appellants' writ petition and by issuing a mandamus directed the State to pay the compensation amount to the appellants in terms of order of the Board within three months. Feeling aggrieved by the said order, the State filed review petition being R.P. No. 4 of 2002. By order dated 11.01.2002, the Review court dismissed the review petition.

and the entire estate shall be put up accordingly and sold;

154. Order to sell property - Should the defaulter, after attachment of moveable property, still fail to pay in the arrear with costs, the Deputy Commissioner or Sub-divisional Officer shall, on receiving a report to that effect from the mauzadar, issue an order to the Nazir, to sell the property attached if the arrear is not paid before the date fixed for sale. The mauzadar's report under this rule shall be stamped with court-fee stamps equivalent to the process fees required by the rules issued under section 155 (b) of the Regulation.

33. There is nothing on record to show as to why the extreme step to recover a small sum of Rs.731.70 paisa was required to be taken for sale of the estate under Section 70 and why arrears of Rs.731.70 paisa could not be recovered by sale of any moveable belonging to the appellants. It is inconceivable to think that the appellants did not own moveable which would not have even fetched Rs.731/- on sale or would have fetched less amount.

38. In our considered opinion, therefore, the auction held by the State was neither legal and nor in conformity with the requirements contained in the Regulation. It was, therefore, rightly set aside by the Board.

39. In the light of the foregoing discussion, the appeals succeed and are hereby allowed. The impugned judgment is set aside and that of the Board restored. As a consequence, the writ appeal and the writ petition filed by the State stand dismissed.

40. We direct the State (respondent no. 1) to pay the amount of compensation deposited by the IOC for the land allotted to them to the appellants along with interest on the said amount at the rate of 6 % payable from the date of deposit till paid to the appellants. The State is also directed to restore the possession of the remaining land, i.e., the land excluding the land allotted to IOC to the appellants within three months after making proper verification and demarcation of the land in question.

December 11, 2014.