Abdul Mannan Akond vs Raisul Islam Azad
2023 Latest Caselaw 381 Gua

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GAHC010008602023




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

                                Case No. : I.A.(Civil)/237/2023

            ABDUL MANNAN AKOND
            S/O- LATE MOBER AKOND,
            VILL.- SAGOLIA PART-II,
            P.O.- BAHIBAZAR,
            DIST.- DHUBRI, ASSAM.



            VERSUS

            RAISUL ISLAM AZAD
            S/O- ABDUL HAMID,
            VILL. SAGOLIA,
            P.O.- SAGOLIA,
            P.S.- GOLAKGANJ,
            DIST.- DHUBRI, PIN- 783335,
            (ASSAM).



Advocate for the Petitioner   : MS. R CHOUDHURY

Advocate for the Respondent :




             Linked Case :

            ABDUL MANNAN AKOND
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             VERSUS

             RAISUL ISLAM AZAD B



             ------------
             Advocate for : MS. R CHOUDHURY
             Advocate for : appearing for RAISUL ISLAM AZAD B



                                  BEFORE
                 HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY

                                         ORDER

03.02.2023

Heard Ms. R. Choudhury, learned counsel for the applicant.

This is an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 2150 days in preferring the connected revision petition against the order dated 05.11.2016 passed by the learned District Judge (Special Tribunal), Dhubri in T.S. (L/G) Case No. 21/2015.

Issue notice returnable on 20.03.2023.

The applicant shall take steps for issuance of notice upon the respondents both by way of registered post with A/D as well as by usual process within a period of 5 (five) days from today.

The applicant is also permitted to take dasti service for issuance of notice upon the respondents after routing the same through the registry and file an affidavit to proof of such service.

It is submitted that this Court in Civil Revision petition No. 43/2021 by order Page No.# 3/3

dated 13.09.2022, set aside the Land Grabbing proceeding initiated against the present petitioner at the behest of one of the respondent being TS (L/G) Case No. 22/2015, and provided that the respondents shall have right to file regular suit for eviction of the petitioner by following due process. Accordingly, Ms. R. Choudhury, learned counsel for the applicant submits that the proceeding challenged in the connected Civil Revision Petition was also simultaneously going on, however, they were not aware of such execution proceeding relating to the contiguous plot. It is also case of the applicant that similar stand has been taken by the respondent in T.S.(L/G) Case No. 21/2015 to the effect that the petitioner was put into possession by the respondent in the disputed land as care taker and in CRP No. 43/2021, it was held by this Court that putting into possession as care taker was a legal possession and therefore, the petitioner was held not to be a land grabber. Therefore, being in exactly similar position, the execution of impugned judgment dated 05.11.2016 passed in T.S.(L/G) No. 21/2015 shall be stayed.

In that view of the matter, a liberty is given to the present applicant to appraise the learned Executing Court regarding the pendency of the present application and the aforesaid fact and to adjourn the case and the learned Executing Court shall pass necessary order, if such application is filed.

List this matter on 20.03.2023.

JUDGE

Comparing Assistant