Page No.# 1/4 vs The State Of Assam And Anr
2023 Latest Caselaw 1679 Gua

                                                               Page No.# 1/4

GAHC010082922023




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

                         Case No. : WP(C)/2206/2023

         SMTI. KANAN BALA RABHA AND 8 ORS.
         W/O LATE DHIREN RABHA, R/O SHANTINAGAR OF GOALPARA TOWN,
         P.O.-BALADMARI, P.S. AND DIST-GOALPARA (ASSAM), PIN-783121

         2: SMTI. JAYANTI RABHA
          D/O LATE DHIREN RABHA
          R/O SHANTINAGAR OF GOALPARA TOWN
          P.O.-BALADMARI
          P.S. AND DIST-GOALPARA (ASSAM)
          PIN-783121

         3: SMTI. JANAKI RABHA
          D/O LATE DHIREN RABHA
          R/O SHANTINAGAR OF GOALPARA TOWN
          P.O.-BALADMARI
          P.S. AND DIST-GOALPARA (ASSAM)
          PIN-783121

         4: PABAN KUMAR RABHA
          S/O LATE DHIREN RABHA
          R/O SHANTINAGAR OF GOALPARA TOWN
          P.O.-BALADMARI
          P.S. AND DIST-GOALPARA (ASSAM)
          PIN-783121

         5: BIRU KUMAR RABHA
          S/O LATE DHIREN RABHA
          R/O SHANTINAGAR OF GOALPARA TOWN
          P.O.-BALADMARI
          P.S. AND DIST-GOALPARA (ASSAM)
          PIN-783121

         6: SMTI. MOMOMATI RABHA
         W/O LATE BIREN RABHA
                                                                    Page No.# 2/4

             R/O SHANTINAGAR OF GOALPARA TOWN
             P.O.-BALADMARI
             P.S. AND DIST-GOALPARA (ASSAM)
             PIN-783121

            7: PRANAB RABHA
             S/O LATE BIREN RABHA
             R/O SHANTINAGAR OF GOALPARA TOWN
             P.O.-BALADMARI
             P.S. AND DIST-GOALPARA (ASSAM)
             PIN-783121

            8: SIMANTHA RABHA
             S/O LATE BIREN RABHA
             R/O SHANTINAGAR OF GOALPARA TOWN
             P.O.-BALADMARI
             P.S. AND DIST-GOALPARA (ASSAM)
             PIN-783121

            9: SMTI BINA RABHA
             D/O BIREN RABHA
             R/O SHANTINAGAR OF GOALPARA TOWN
             P.O.-BALADMARI
             P.S. AND DIST-GOALPARA (ASSAM)
             PIN-78312

            VERSUS

            THE STATE OF ASSAM AND ANR
            REPRESENTED BY ITS COMMISSIONER AND SECRETARY TO THE
            GOVERNMENT OF ASSAM, REVENUE AND DISASTER MANAGEMENT
            DEPARTMENT, DISPUR, GUWAHATI-6

            2:DIBAKAR DAS
             S/O LATE DIGEN CH. DAS
            VILL-BELTOLA
             P.O.-BALADMARI
             P.S.-GOALPARA
             DIST-GOALPARA (ASSAM)
             PIN-78312

Advocate for the Petitioner   : MR. M SARANIA

Advocate for the Respondent : SC, REVENUE AND DISASTER MANAGEMENT DEPT
                                                                              Page No.# 3/4

                                  BEFORE
                 HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI

                                          ORDER

28-04-2023 Heard Shri S. Saikia, learned counsel for the petitioners who is aggrieved by a judgment and order dated 30.01.2023 passed by the learned Addl. District Judge, Goalpara in Land Graving Case No. 30/2014 which was filed by the private respondent.

It is the specific case of the petitioners that there is no issue with regard to the ownership and title and without deciding the same, the impugned judgment has been passed which would be in violation of the provisions of the Assam Land Grabbing (Prohibition) Act, 2010.

Shri Saikia, learned counsel further submits that though the Act in question provides for an appellate forum, no such forum has been constituted till date and therefore the instant writ petition has been filed.

Issue notice, returnable by 4 (four) weeks. Ms. N. Bordoloi, learned Standing Counsel, Revenue Department accepts notice on behalf of respondent No. 1.

Let an extra copy of the writ petition be served upon her. Let steps be taken for service of notice upon the private respondent by registered post with A/D.

Steps within 3 (three) days.

Heard the learned counsel on the interim prayer. In support of the interim prayer, Shri Saikia, the learned counsel has drawn the attention of this Court to the copy of a registered Sale Deed of the year 1970 (Annexure-7) in favour of one Khambaru Rabha, whom the petitioners claims to be their predecessor.

In view of the above, till the returnable date, let status quo be maintained with regard to the plot of land in question.

Page No.# 4/4

Since the order has been passed ex-parte with regard to the respondent No. 2, liberty is granted to the respondent No. 2 to come up for modification/alteration of the same.

JUDGE

Comparing Assistant