Umar Ali Mondal vs On The Death Of Noni Mondal His ...
2023 Latest Caselaw 2593 Gua

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GAHC010119272023




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

                          Case No. : CRP(IO)/168/2023

         UMAR ALI MONDAL
         S/O LATE KHEJMOTULLAH MONDAL, R/O VILL-JHAGRA PART-I, P.O.-
         JHAGRAPAR, P.S. AND DIST-DHUBRI, ASSAM

         VERSUS

         ON THE DEATH OF NONI MONDAL HIS LEGAL HEIRS AND ORS
         (LEGAL HEIRS)

         1.1:ABU BAKKAR MONDAL
          (SON)
         VILL-JHAGRA PART-I
          P.O.-JHAGRAPAR
          P.S. AND DIST-DHUBRI
         ASSAM

         1.2:ABU MONDAL
          (SON)
         VILL-JHAGRA PART-I
          P.O.-JHAGRAPAR
          P.S. AND DIST-DHUBRI
         ASSAM

         1.3:ROBIAL MONDAL
          (SON)
         VILL-JHAGRA PART-I
          P.O.-JHAGRAPAR
          P.S. AND DIST-DHUBRI
         ASSAM

         1.4:JELEKHA BIBI
          (DAUGHTER)
         VILL-JHAGRA PART-I
          P.O.-JHAGRAPAR
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P.S. AND DIST-DHUBRI
ASSAM

1.5:JARINA KHATUN
 (DAUGHTER)
VILL-JHAGRA PART-I
 P.O.-JHAGRAPAR
 P.S. AND DIST-DHUBRI
ASSAM

1.6:TANUJA KHATUN
 (DAUGHTER)
VILL-JHAGRA PART-I
 P.O.-JHAGRAPAR
 P.S. AND DIST-DHUBRI
ASSAM

2:THE DEPUTY COMMISSIONER
 DHUBRI (L.A. BRANCH)
 P.O.
 P.S. AND DIST-DHUBRI
ASSAM

3:ASSISTANT SETTLEMENT OFFICER
 DHUBRI REVENUE CIRCLE
 P.O.
 P.S. AND DIST-DHUBRI
ASSAM

4:THE STATE OF ASSAM
 REPRESENTED BY THE COLLECTOR
 DHUBRI DISTRICT
 P.O.
 P.S. AND DIST-DHUBRI
ASSAM

5:ON THE DEATH OF MOMED ALI
 HIS LEGAL HEIRS

5.1:KHOIBOR ALI
 (SON) VILL-JHAGRA PART-I
 P.O.-JHAGRAPAR
 P.S. AND DIST-DHUBRI
ASSAM

5.2:SOIBOR ALI
 (SON) VILL-JHAGRA PART-I
 P.O.-JHAGRAPAR
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             P.S. AND DIST-DHUBRI
             ASSAM

            5.3:BULO BIBI
             (DAUGHTER) VILL-JHAGRA PART-I
             P.O.-JHAGRAPAR
             P.S. AND DIST-DHUBRI
            ASSAM

            5.4:MOMINA BIBI
             (DAUGHTER) VILL-JHAGRA PART-I
             P.O.-JHAGRAPAR
             P.S. AND DIST-DHUBRI
            ASSA

Advocate for the Petitioner   : MR. A RAHMAN

Advocate for the Respondent : GA, ASSAM


                                     BEFORE
                      HONOURABLE MR. JUSTICE DEVASHIS BARUAH

                                          ORDER

Date : 19.06.2023

Heard Mr. A. Rahman, the learned counsel appearing on behalf of the Petitioner and Mr. T. R. Gogoi, the learned counsel appearing on behalf of the Respondent Nos. 2, 3 and 4.

2. Issue notice making it returnable on 07.08.2023.

3. As the Respondent Nos. 2, 3 and 4 are duly represented by Mr. T. R. Gogoi, the learned counsel, extra copies of the revision petition be served upon him within 3 (three) days.

4. The Petitioner is directed to take steps upon the Respondent Nos. 1(a) to 1(f) and Respondent Nos. 5(a) to 5(d) separately by way of Registered Post with A/D as well as through usual process within 3 (three) days.

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5. The Petitioner herein has filed the instant application being aggrieved by the order dated 05.04.2023 passed in Misc. Appeal No.8/2022 whereby the injunction so granted by the learned Trial Court vide order dated 01.11.2022 passed in Misc (J) Case No.75/2021 arising out of Title Suit No.127/2021 was set aside.

6. A perusal of the plaint i.e. Annexure-1 to the revision application shows that the petitioner as plaintiff has filed the suit claiming the relief that the compensation in respect to L.A. Case No.1/2018-2019 should not be paid to the defendant Nos. 1(a) to 1(f) by the defendant Nos. 2, 3 and 4 on the ground that the petitioner is the owner of the land. A perusal of the plaint do not disclose under what provision the land was acquired. Further to that, from a perusal of the plaint, it is also not seen as to whether the plaintiff has taken steps in terms with Section 80 of the Code of Civil Procedure, 1908 inasmuch as the principal defendants are the State.

7. This Court finds it relevant to take note of that the land being acquired by the Respondent authorities and the same are normally done under the various acquisition Acts whereby the statutory remedies are given therein.

8. Considering the above, this Court is not inclined to grant any stay to the impugned judgment and order dated 05.04.2023 passed in Misc. Appeal No. 8/2022.

9. List accordingly.

JUDGE

Comparing Assistant