Gauhati High Court
Marshida Bibi @ Marshida Khatoon vs Abdul Ali @ Abdul Ali And 3 Ors on 11 January, 2022
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/3
GAHC010197212021
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./17/2022
MARSHIDA BIBI @ MARSHIDA KHATOON
D/O LATE HABIULLA
R/O PIALIKHATA, P.S. CHANGSARI
MOUZA- MADARTOLA
DIST. KAMRUP, ASSAM
VERSUS
ABDUL ALI @ ABDUL ALI AND 3 ORS.
SON OF LATE NIZAM SOKHA
R/O VILL- GOPESWAR (KATANIPARA)
P.S. CHANGSARI, PIN-781101
DIST. KAMRUP, ASSAM
2:MAINUL ALI
SON OF SAMIR ALI
R/O VILL- GOPESWAR (KATANIPARA)
P.S. CHANGSARI
PIN-781101
DIST. KAMRUP
ASSAM
3:SAMIR ALI
SON OF UNKNOWN
R/O VILL- GOPESWAR (KATANIPARA)
P.S. CHANGSARI
PIN-781101
DIST. KAMRUP
ASSAM
4:CHIEF MANAGER
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PUNJLLOYD LTD.
CHANGSARI
P.O. AND P.S. CHANGSARI
PIN-781101
DIST. KAMRUP
Advocate for the Petitioner : MR. N J DUTTA
Advocate for the Respondent :
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
11.01.2022 Heard the learned counsel for the petitioner and also perused the documents, that have been annexed.
The petitioner, herein, filed a petition before the learned Executive Magistrate, under Sections 145/146 CrPC, in respect of dispute between her and the respondents/opposite parties and on the basis of which, the learned Court has drawn up a proceeding under Section 107 IPC, as reflected from the order dated 16.10.2019. It is contended by the learned counsel for the petitioner that although the land was initially attached by the order dated 16.10.2019, but subsequently by order dated 22.11.2019, passed in Case No. 08/2018, the Court has vacated the attachment order on the basis of petition filed by the second party/respondents herein.
The grievance that has been raised by the petitioner is that the said order was passed after hearing the learned counsel for the respondent's side, as she was unable to appear before the Court at that point of time. It is also submitted that the said proceeding has not yet proceeded further and has stalled at the same stage of examination of witness of the petitioner's side. The present petition has been preferred under Section 482 CrPC, challenging the aforesaid order, whereby the attachment order has been passed by the learned trial Court.
Page No.# 3/3 Considered the submission that has been made and gone through the documents annexed.
The report of the Circle Officer, Kamalpur Revenue Circle, vide Annexure-IV, reveals that one portion of the disputed land/ 2 Kathas 5 lechas has been donated by the petitioner to the Katonipara Masjid Committee, out of the land of 1 Bigha 3 kathas 3 lechas, comprising 6 pattadars. Be that as it may, the petitioner has to assert her claim over her possession over the disputed land, as prayed in her petition. On the other hand, the impugned order was passed as far back as on 22.11.2019 and more than two years have elapsed. So, the stay of such order will have no bearing by this time.
Considering all entirety of the matter, the present petition stands disposed of with a direction to the learned trial Court to decide the matter at the earliest, preferably within a period of 3 (three) months from today, deciding the merit of the petition filed by the petitioner. The petitioner is at liberty to file a petition to vacate the order dated 22.11.2019 and the learned trial Court will decide the same in accordance with law, after hearing the learned counsel for both the parties.
JUDGE Comparing Assistant