Gauhati High Court
Page No.# 1/4 vs Tapan Barman And Anr on 8 October, 2021
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/4
GAHC010170952021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/1693/2021
BAPPA GANGULY AND 4 ORS
SON OF LATE KALIPADA GANGULY, R/O. BORPATHAR, POST OFFICE
ROAD, P.O., P.S. AND DIST.- TINSUKIA, PIN- 786125, ASSAM.
2: SAMUJJAL BISWAS
SON OF LATE SUDHIR RANJAN BISWAS
R/O. ASWANI DUTTA ROAD
BORPATHAR NEW COLONY
P.O.
P.S. AND DIST. TINSUKIA
PIN- 786125
ASSAM
3: BIDYUT CHAKRABORTY
S/O. SRI BIPLAB CHAKRABORTY
R/O. ASWANI DUTTA ROAD
BORPATHAR NEW COLONY
P.O.
P.S. AND DIST. TINSUKIA
PIN- 786125
ASSAM.
4: ASHIT DUTTA
S/O. LT. AJIT DUTTA
R/O ASWANI DUTTA ROAD
BORPATHAR NEW COLONY
P.O.
P.S. AND DIST.- TINSUKIA
PIN- 786125
ASSAM.
5: SWAPNAJYOTI BHATTACHARJEE
S/O. LT. JAGADISH CHANDRA BHATTACHARJEE
R/O ASWANI DUTTA ROAD
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BORPATHAR NEW COLONY
P.O.
P.S. AND DIST.- TINSUKIA
PIN- 786125
ASSAM
VERSUS
TAPAN BARMAN AND ANR.
SON OF LATE HARISANKAR BARMAN, R/O. TALGRAM, P.O. KANAI GHAT,
DIST. GOLAGHAT, PIN- 785699, ASSAM.
2:DHANANJOY BARMAN
S/O. LT. HARISANKAR BARMAN
R/O. BIHUTALI
BORPATHAR
P.O.
P.S. AND DIST. TINSUKIA
PIN- 786125
ASSAM
Advocate for the Petitioner : MR. S P CHOUDHURY
Advocate for the Respondent : MR. R MAZUMDAR
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 08-10-2021 Heard Mr. S.P. Choudhury, learned counsel for the applicant. Also heard Mr. R. Mazumder, learned counsel for the opposite parties.
2. CRP(I/O) 353/2018 has been instituted by the applicant against the order dated 12/10/2018.
3. This interlocutory application is instituted seeking leave of the Court to allow the Durga Puja to be held over the disputed land involved in the revision.
4. We have taken note of that in the year 2019 also a similar application was made and some conditional permission was allowed by the Court.
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5. Mr. R. Mazumder, learned counsel for the opposite party states that the opposite party has his reservation in allowing it to do so, inasmuch as, the applicants after obtaining such order allowing the Durga puja to be held demonstrates certain abusive behaviour towards the opposite party and they perform the puja ceremonies without constituting a valid puja committee. We deprecate the conduct of the applicant in moving this interlocutary application for permission to hold the puja on the last date before the vacation when no further time remains for the Court to take a proper decision. The application could easily have been filed much earlier as the dispute was also known to the parties as well as the date of the Durga puja on which it has to be held was also known.
6. Be that as it may, taking a compassionate view on the matter that a Durga Puja is intended to be held over the disputed land and only for the limited purpose, we allow the Durga Puja to be held from 11.10.2021 to 15.10.2021 and no other act other than holding Durga Puja would be performed over the disputed land. After holding Durga Puja on the aforesaid dates, the premises shall be vacated immediately on 16.10.2021. We further provide that as we are passing this order on compassionate consideration against the wish of the opposite party, we further provide that the puja ceremonies would be conducted by a committee of persons which shall not include any of the petitioners in the CRP(I/O) 353/2018. We have also been told that taking advantage of our orders allowing the Durga Puja to be held, the applicants or persons acting under them demonstrates abusive behavior towards the opposite party. We strongly deprecate such behavior and further provide that if any such behavior is shown after this order being passed today and it is brought to the notice of the Court it would be considered to be a violation of the provision of this order and we Page No.# 4/4 absolutely restrain the applicants or any other person in demonstrating any such abusive behavior. We further provide that if any such event happens, the opposite party may take a video or photograph and lodge an FIR before the concerned police station and the officer thereof shall register an appropriate case and take action as per law.
7. The granting of permission to hold the Durga Puja shall in no way be construed to a decision on the claim of the rival parties and this is an order absolutely on compassionate consideration for the interest of the public of the locality and has nothing to do with the interest of the parties involved.
8. As it is stated that it is a tradition to also hold Lakhi Puja on the same place where Durga Puja is held and where Lakhi Puja is scheduled to be held on 19.10.2021, the persons who hold the Durga Puja shall also be allowed to hold the Lakhi Puja. For the purpose, they will be allowed to enter the disputed premises to perform the Lakhi Puja only in the morning of 19.10.2021 and they shall vacate the premises immediately on 20.10.2021.
I.A. stands closed as indicated above.
JUDGE Comparing Assistant