Abdul Kuddus Barbhuiya vs The State Of Assam And 5 Ors
2024 Latest Caselaw 8232 Gua

Gauhati High Court

Abdul Kuddus Barbhuiya vs The State Of Assam And 5 Ors on 11 November, 2024

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GAHC010158812024




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

                           Case No. : RSA/165/2024

         ABDUL KUDDUS BARBHUIYA
         S/O MD. AZIZUR RAHMAN BARBHUIYA,
         RESIDENT OF VILLAGE KASHIPUR PART II ,PO KASHIPUR, PS SILCHAR
         DIST CACHAR, ASSAM

         VERSUS

         THE STATE OF ASSAM AND 5 ORS
         TO BE SERVED ON DEPUTY COMMISSIONER, CACHAR, AT SILCHAR PO
         SILCHAR PS SILCHAR, DIST CACHAR, ASSAM

         2:THE DISTRICT COLLECTOR

          CACHAR
          AT SILCHAR PO SILCHAR PS SILCHAR
          DIST CACHAR
          ASSAM

         3:THE LAND ACQUISITION OFFICER

          CACHAR
          AT SILCHAR PO SILCHAR PS SILCHAR
          DIST CACHAR
          ASSAM

         4:THE ASSISTANT SETTLEMENT OFFICER

          CACHAR
          AT SILCHAR PO SILCHAR PS SILCHAR
          DIST CACHAR
          ASSAM

         5:THE EXECUTIVE ENGINEER
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             P.W.D (NH) DIVISION
             SILCHAR
             PO SILCHAR
             DIST CACHAR
             ASSAM 788001

            6:THE KASHIPUR CO OPERATIVE SOCIETY LIMITED
             KASHIPUR PART II
             REP. BY ITS SECRETARY
             MD. SALIM UDDIN LASKAR
             KASHIPUR PART II
             PO KASHIPUR
             DIST CACHAR
            ASSAM 78800

Advocate for the Petitioner   : MR. T U LASKAR, MR. N DHAR,MS. U BARUAH

Advocate for the Respondent : GA, ASSAM,




                                   BEFORE
                      HONOURABLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

Date : 11.11.2024

Heard Mr. T.U. Laskar, learned counsel for the appellants and Ms. K. Phukan, learned Government Advocate for the respondent Nos. 1,2,3&4. This appeal under Section 100 of the Code of Civil Procedure is directed against the impugned judgment and decree dated 06.05.2024, passed by the learned Additional District Judge (FTC) Cachar, Silchar dated 06.05.2024 in Title Appeal No. 04/2019.

It is to be noted here that vide impugned judgment and decree dated 08.04.2019, the learned Additional District Judge FTC Cachar, (hereinafter first appellate court) has dismissed the appeal and thereby affirm the judgment and decree dated 08.04.2019 passed by the learned Civil Judge No.1, Cachar, Silchar in Title Suit No. 113/2016.

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Perused the memo of appeal and the grounds mentioned therein. This second appeal is admitted on the following substantial question of law. (I) Whether the impugned judgment and decree so passed by the learned Civil Judge No.1 Cachar, Silchar in Title Suit No. 113/2016 and the impugned judgment and decree dated 06.05.2024, so passed by the learned first appellate court in the Title Appeal No. 04/2019, suffers from perversity, for being passed without consideration of the pleadings and the sale deed No. 915, dated 20.03.2024 (Exhibit-4) and thereby occasioned failure of justice?

The Court may also consider the framing of any other substantial question of law, if found necessary at the time of hearing, after giving notice to both the parties.

Let notice be issued to the respondents, returnable in 4(four) weeks. Steps be taken by registered post with A/D as well as usual process within a week from today. Since Ms. K. Phukan, has entered appearance on behalf of respondents/opposite party No.1, 2, 3 & 4, no formal notice need to be issued. However, extra copies of the petition be furnished to her during the course of the day.

Registry shall call for the records from the learned Courts below. List the matter after 4(four) weeks.

JUDGE

Comparing Assistant