Page No.# 1/3 vs Sabitri Nath
2021 Latest Caselaw 2878 Gua

                                                                   Page No.# 1/3

GAHC010172642021




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

                                 Case No. : CRP(IO)/113/2021

            PABITRA BORO AND 2 ORS
            S/O LT. GARI BORO, R/O MAIDAMGAON, PATARKUCHI, MOUZA BELTOLA,
            P.O. BASISTHA, PIN-781029, KAMRUP (M), ASSAM

            2: RATNESWAR BORO
             S/O LT. GARI BORO
             R/O MAIDAMGAON
             PATARKUCHI
             MOUZA BELTOLA
             P.O. BASISTHA
             PIN-781029
             KAMRUP (M)
            ASSAM

            3: CHITRA GOGOI
            W/O PARAKHMONI GOGOI
             R/O MAIDAMGAON
             PATARKUCHI
             MOUZA BELTOLA
             P.O. BASISTHA
             PIN-781029
             KAMRUP (M)
            ASSA

            VERSUS

            SABITRI NATH
            W/O LT. BHUBAN NATH, R/O HOUSE NO. 14, RAJDHANI MASJID, ANANDA
            PATH, BEHING DIVINE WEDDING, GUWAHATI-781006, P.O. ASSAM
            SACHIVALAY, P.S. DISPUR, DIST. KAMRUP (M), ASSAM



Advocate for the Petitioner   : MR. B D DEKA
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Advocate for the Respondent : FOR CAVEATOR




                                     BEFORE
                      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

Date : 15.11.2021

Heard Mr. BD Deka, learned counsel for the petitioner and Mr. M Talukdar, learned counsel for the sole respondent.

The instant application under Article 227 of the Constitution of India has been filed challenging the judgment and decree dated 07.09.2021 passed by the learned Presiding Officer Land Grabbing Case Special Tribunal, Kamrup (M) under the Assam Land Grabbing (Prohibition) Act in Spl (Sessions) L.G. Case No.17/2015.

It is the contention of the learned counsel for the petitioner that an appeal is provided under Section 13 of the Assam Land Grabbing (Prohibition) Act, 2010, however, till date there is no appellate tribunal being constituted and under such circumstance he has approached this Court under Article 227 of the Constitution of India. The question of maintainability of the instant petition is kept in open.

Mr. Deka further submits that from a definition of Section 2(e) of the said Act of 2010, "land grabbing" means a person who does not have ownership, title or physical possession and as it is the admitted case before the Court below that the petitioner herein, is in settled position, the Court below committed an error in jurisdiction in applying the provisions of Assam Land Grabbing (Prohibition) Act, 2010.

I have heard the learned counsel for the petitioner and the instant application is admitted on the following question:

Whether in the facts of the instant case, the provisions of Assam Land Grabbing (Prohibition) Act 2010 is applicable taking into consideration Page No.# 3/3

the fact that the petitioner were in settled position of the land?

As regards the interim prayer, taking into consideration that the instant application has been admitted for hearing, the impugned judgment and decree dated 07.09.2021 passed by Presiding Officer Land Grabbing Case Special Tribunal Kamrup (M) in Spl (Sessions) L.G. Case No.17/2015 shall remain stayed until further orders.

Call for the LCR.

Issue notice, returnable in 4 (four) weeks.

Since Mr. M Talukdar, learned counsel entered appearance and accepts notice on behalf of the sole respondent, no fresh notice need be served. However, extra copies of the petition be served upon Mr. Talukder during the course of the day.

Mr. M Talukdar, learned counsel for the respondent submits that he wishes to file an affidavit. He is always at liberty to do so.

List after 4 (four) weeks.

JUDGE

Comparing Assistant