Sri Gunadhar Tamuli vs The State Of Assam And Anr
2025 Latest Caselaw 3033 Gua

Gauhati High Court

Sri Gunadhar Tamuli vs The State Of Assam And Anr on 11 February, 2025

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GAHC010022572025




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

                                 Case No. : Crl.Pet./119/2025

            SRI GUNADHAR TAMULI,
            SON OF LATE JOYCHANDRA TAMULI, RESIDENT OF SANTOK TEA ESTATE,
            P.O.- SANTOK, PIN-785687 IN THE DISTRICT OF SIVASAGAR, ASSAM



            VERSUS

            THE STATE OF ASSAM AND ANR
            REP BY THE PP, ASSAM

            2:M/S THE GENERAL FIBER DEALER PVT LTD
            A COMPANY INCORPORATED UNDER THE COMPANIES ACT
             1956 AND HAVING ITS REGISTERED OFFICE AT 4TH FLOOR
             FL-4/B
             183A/1
             PRINCE ANWAR SHAH ROAD
             KOLKATA 700033 AND ESTATE AT SUNTOK TEA ESTATE
             SIVSAGAR
             NAZIRA-785685
            ASSAM AND REPRESENTED BY ITS AUTHORIZED REPRESENTATIVE OF
            M/S SUNTOK TEA ESTATE

Advocate for the Petitioner   : MR B SHARMA, MR S SHARMA,MR. M HASSAN

Advocate for the Respondent : PP, ASSAM,
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                                 BEFORE
               HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA

                                     ORDER

Date : 11.02.2025

1) Heard Mr. B. Sarma, learned counsel for the petitioner. Also heard Ms. S. H. Bora, the learned Additional Public Prosecutor for the State respondent.

2) This application under Section 528 of BNSS, 2023 has been filed by the petitioner, namely, Sri Gunadhar Tamuli, impugning the judgment and order dated 20.11.2024 passed by the learned Sessions Judge, Sivsagar in Criminal Revision No. 07(2)/2024 whereby it upheld the order dated 24.01.2024 passed

by the learned Judicial Magistrate 1 st Class, Nazira, Sivasagar in Interlocutory Petition No. 1576/2023 filed by the opposite party under Section 452(2) of Companies Act, 2013 in C. R. Case No.08/2023.

3) By the said impugned order, the petitioner was directed to vacate the quarter which is the subject matter in the case.

4)      Issue notice to the respondents.
5)        As learned Additional Public Prosecutor has appeared for the

respondent No. 1, no formal notice need to be issued to the respondent No.1.

6) As regards respondent No.2 is concerned, the petitioner shall take steps for service of notices to the respondent No.2 by registered post with A/D within three days from the date of receipt of this order, returnable on 21.03.2025.

7) However, in the meanwhile, as it has been contended by the learned counsel for the petitioner that the petitioner is residing in the disputed quarter for last 60 years as well as the land over which the said quarter is constructed is also claimed to be government land. Hence, till next returnable date, the Page No.# 3/3

operation of the impugned order shall remain stayed.

8)       Let this matter be listed on 21.03.2025.




                                                       JUDGE



Comparing Assistant