Humayun Kabir vs The State Of Assam And 3 Ors
2021 Latest Caselaw 297 Gua

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GAHC010009832021




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

                                 Case No. : WP(C)/355/2021

            HUMAYUN KABIR
            S/O LATE NURUL ISLAM, RESIDENT OF RAJAPUKHURI BAGICHA, PS AND
            PO DHULA, 784190, DIST DARRRANG, ASSAM



            VERSUS

            THE STATE OF ASSAM AND 3 ORS
            REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, LAND AND
            REVENUE DEPARTMENT,DISPUR, GUWAHATI 6, ASSAM

            2:THE ADDITIONAL DISTRICT MAGISTRATE

             MANGALDAI
             DARRANG
             ASSAM

            3:SMTI H. KHANIKAR ACS.
             EXECUTIVE MAGISTRATE
             MANGALDAI
             DARRANG
            ASSAM

            4:MD. ABUL HUSSAIN
             S/O MD. HASEN ALI
            RESIDENT OF RAJAPUKHURI BAGICHA
             PS AND PO DHULA
             DIST DARRANG
            ASSAM
             78419

Advocate for the Petitioner   : MR. N N KARMAKAR
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Advocate for the Respondent : SC, REVENUE




                                   BEFORE
                      HONOURABLE MR. JUSTICE SUMAN SHYAM

                                         ORDER

Date : 29-01-2021

Heard Mr. N.N. Karmakar, learned counsel for the writ petitioner.

This writ petition has been filed assailing the order dated 16-05-2019 issued by the

Executing Magistrate, Mangaldai in exercise of power under Section 107/ 145/ 146 Cr.P.C.

Mr. R. Borpujari, learned standing counsel, Revenue Department submits that revision

petition filed by the petitioner before the learned Sessions Judge, Darrang, Mangaldai

against the aforesaid order dated 16-05-2019 having been dismissed by the judgment

and order dated 15-12-2020, this writ petition is not maintainable on facts as well as in

law.

Be that as it may, upon hearing the submission of learned counsel for the parties, I am of

the view that the matter calls for further examination.

Issue notice of motion returnable in 06 weeks.

Since Mr. R. Borpujari, learned standing counsel, Revenue Department has appeared and

accepted notice on behalf of respondent No. 1 and Ms. D.D. Barman, learned Govt.

Advocate, Assam has accepted notice on behalf of respondent No. 3, no formal notice is

required to be sent to the said respondents.

Name of the respondent No. 3 is hereby struck off from the record.

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Registry to make necessary endorsement in the cause title.

Petitioner to, therefore, take steps for service of notice upon respondent No. 4 by

registered post with A/D within a week from today.

Heard on the prayer of interim relief.

Said prayer will be considered on the returnable date.

The question of maintainability of the writ petition is kept open.

JUDGE GS

Comparing Assistant