Moulana Abdul Karim vs Farid Ali And 15 Ors
2021 Latest Caselaw 3604 Gua

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GAHC010269912017




                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : CRP(IO)/40/2017

         MOULANA ABDUL KARIM
         S/O- LATE TAIBUDIN, R/O- VILL- BECHIMARIGAON, MOUZA- PACHIM
         DALGAON, P.S- DALGAON, DIST- DARRANG, ASSAM PIN- 784116



         VERSUS

         FARID ALI and 15 ORS.
         S/O- LATE NURMOHAMAD, R/O- VILL- BECHIMARIJANGAL, MOUZA- PUB
         DALGAON.

         3:MD RAMJAN ALI
          S/O- LATE HAMIR ALI
          R/O- VILL- NO.5
          BARUAJHAR
          MOUZA- PASCHIM DALGAON

         4:MD BAKTENASAR
          S/O- MD LOKMEN ALI
          R/O- VILL- NO.4
          BARUAJHAR

         5:MD RAFIQUE
          S/O- LATE BASIRUDDIN
          R/O- MADHAV GOHAIN
          MOUZA AND P.S- DALGAON

         6:MD BAKKA
          S/O- LATE TANU GAIRAL
          R/O- VILL- NAMATI
          MOUZA- PASCHIM DALGAON

         7:MD FAZAL HOQUE
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             S/O- SAMSUL HOQUE
             R/O- VILL- NO.3
             BARUAJHAR
             MOUZA-PASCHIM DALGAON


            8:MD MARTAZ ALI
             S/O- HUSSAIN MUNSI
            R/O- VILL NO.4
             BARUAJHAR
             MOUZA-PASCHIM DALGAON

            9:MD SAHJAHAN ALI
             S/O- LATE RUSTOM ALI
             R/O- VILL BECHIMARIGAON
             MOUZA PASCHIM DALGAON


            10:SAFIUR RAHMAN
             S/O- LATE DARAG ALI
             R/O- VILL- DUNGPUR
             MOUZA- PACHIM DALAGAON
             RESPONDENT NO. 1-10 ARE ALL UNDER DALGAON-P.S
             DIST- DARRANGASSAM PIN- 784116

            11:THE STATE OF ASSAM
             REPRESENTED BY THE CHIEF SECRETARY
             GOVERNMENT OF ASSAM
             DISPUR
             GUWAHATI-06
             P.O- DISPUR
             DISTRICT- KAMRUPASSAM

            16:THE BDO CUM EXECUTIVE OFFICER
             BECHIMARI BLOCK
            VILL- BECHIMARI
             P.O- LALPUL
             DISTRICT- DARRANG
            ASSAM PIN- 78451

Advocate for the Petitioner   : MR.D MOZUMDER

Advocate for the Respondent : MR.A R SHOMER- 1, 3 to 10
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                                BEFORE
                 HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                        ORDER

23.12.2021

Heard Mr. S. Biswas, learned counsel for the petitioner and Mr. A.R. Shome, learned counsel for the respondents.

This is an application under Article 227 of the Constitution of India challenging the order dated 07.01.2017, whereby the Trial Court had directed for calling the vediking map for cross-examination as the Court felt that it help the Court to reach a conclusive decision.

Mr. Biswas, learned counsel appearing on behalf of the petitioner submits that grievances of the petitioner in so far as the order impugned is that there is a likelihood that the Appellate Court may not take into consideration the earlier report submitted by the Amin Commissioner. During the course of the hearing and judgment of this Court rendered in the case of Silchar Municipal Board, Silchar vs. Eastern Tea Estates Private Limited, reported in 1993 2 GLR 445 and in the case of Satipada Saha and Another vs. Sadhana Roy and Others , reported in 2014 5 GLR 174, wherein the law is well settled that every report of a Commissioner is a part of the record by virtue of the mandate of Order XXVI Rule 10 of the Code of Civil Procedure, 1908.

He submits that in such an event he shall take appropriate steps before the Trial Court. Further to that, the order dated 07.01.2017 in the opinion of this Court does not appear to have been passed illegally or any material irregularity or for that matter there is no error in the jurisdiction of the Appellate Court in passing the said impugned order. Accordingly no interference is called for to the impugned order dated 07.01.2017 and consequently the instant petition stands Page No.# 4/4

dismissed. However, it is observed that the First Appellate Court while taking into consideration all the reports submitted by the Amin Commissioner would take into consideration the observations made in the above mentioned judgments.

The order dated 07.01.2017, whereby further proceedings of Title Suit No.06/2011 was stayed is hereby vacated in view of the dismissal of the instant petition on withdrawal.

The parties are directed to appear before the Trial Court on 18.01.2022.

JUDGE

Comparing Assistant