Sushanta Das Alias Susanta Das vs Sibendra Das
2023 Latest Caselaw 2362 Gua

                                                                     Page No.# 1/3

GAHC010122422023




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

                             Case No. : Crl.Rev.P./223/2023

           SUSHANTA DAS ALIAS SUSANTA DAS
           S/O LATE SUDHANGSHU DAS
           R/O GUIJAN, LIMBUGURI ROAD,
           P.O. RANGAGORA
           P.S. AND DIST. TINSUKIA, ASSAM


           VERSUS

           SIBENDRA DAS
           S/O LATE MANIK DAS
           R/O GUIJAN, ASHOK NAGAR, P.O. RANGAGORA, P.S. AND DIST. TINSUKIA,
           ASSAM


Advocate for the Petitioner : MR. S BANIK
Advocate for the Respondent :


                                 BEFORE
                   HONOURABLE MR. JUSTICE AJIT BORTHAKUR

                                       ORDER

05.06.2023

Heard Mr. S. Banik, learned counsel for the petitioner.

By this petition under Section 397 read with section 401 of the Cr.P.C., the petitioner has challenged the legality and correctness of the order dated 24.05.2023 passed by the learned Executive Magistrate, Tinsukia in Case No. Page No.# 2/3

05/2023.

The respondent had submitted an application on 21.01.2023 addressing the District Magistrate, Tinsukia praying for eviction of the petitioner as a 'Tenant' of a shop premise measuring 8ft x 15 ft situated at Rangagora road, near Rangagora Tea Estate. It was canvassed in the said application that the said premise was under a Tenancy Agreement dated 29.09.2021 for a period of 11 months, the period being 01.10.2021 to 31.08.2022 and that the petitioner had not vacated the shop premises even after expiry of the said period.

Issue notice to the respondent by registered A/D post within 3(three) days.

Perused Annexure-A (application for eviction), Annexure-B, C and C/1 (Copy of order dated 24.05.2023 and copy of police report dated 08.03.2023), Annexure- D and D1 (copy of Tenancy agreement dated 02.09.2018), Annexure- E and F (Copy of Tenancy Agreement and Deed Of Partnership), Annexure-G and H (Deed of Mutual Agreement and Money Receipt), Annexure-I and I/1(copy of Joint Application dated 22.09.2021). Also perused the relevant provisions of the Assam Tenancy Act, 2021 as well as the judgment and order, dated 19.07.2022, passed in Criminal Revision Petition No. 218/2020 by a co- ordinate bench.

On cursory appreciation of the contents of the above documents, this Court finds it expedient to stay the further continuation of the proceeding in Case No. 05/2023 pending in the court of learned Executive Magistrate, Tinsukia till the returnable date.

Accordingly, further proceeding in Case No. 05/2023 pending in the Page No.# 3/3

court of learned Executive Magistrate, Tinsukia and operation of the impugned order, dated 24.05.2023 passed therein are hereby stayed till the returnable date.

List the matter after ensuing summer vacation.

JUDGE

Comparing Assistant