Gauhati High Court
Anarul Hoque Alias Anar Hussain vs Sadir Ali on 22 January, 2019
Author: Prasanta Kumar Deka
Bench: Prasanta Kumar Deka
Page No.# 1/2
GAHC010119292018
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : CRP 74/2018
1:ANARUL HOQUE ALIAS ANAR HUSSAIN
S/O- NOOR MOHAMMAD, VILL AND P.O- HAIDOBI, P.S- BATADRAVA, DIST-
NAGAON, ASSAM, PIN- 782122
VERSUS
1:SADIR ALI
S/O- LATE TAYUB ALI, VILL AND P.O- HAIDOBI, P.S- BATADRAVA, DIST-
NAGAON, ASSAM, PIN- 782122
Advocate for the Petitioner : MR M H CHOUDHURY
Advocate for the Respondent : MR. M U MAHMUD
BEFORE
HONOURABLE MR. JUSTICE PRASANTA KUMAR DEKA
ORDER
22.01.2019 Heard Mr. M. H. Choudhury, the learned counsel for the petitioner. Also heard Mr. S. Islam, the learned counsel for the respondent.
Section 13 of the Assam Land Grabbing (Prohibition) Act, 2010 stipulates an appeal by any person aggrieved by the judgment and order of the Special Tribunal before the Special Court. The Constitution of the Special Court is stipulated under Section 14 of the said Act.
It is submitted by Mr. Choudhury that the order impugned in this revision Page No.# 2/2 application is the judgment dated 20.12.2017 and decree dated 10.01.2018 passed in Special (LG) Case No.7/14 passed by the Special Tribunal under the Act. It is also submitted by Mr. Choudhury that as yet no such Special Court has been constituted as per Section 14 of the Act.
In such a situation it is difficult to exercise the revisional jurisdiction more so when the impugned order is not an interlocutory one passed by the Special Tribunal but the judgment which was passed after the trial was initiated by the Special Tribunal, Nagaon.
Let this matter be adjourned today and the same be listed for admission on 18.02.2019.
Interim order passed earlier is extended till the next date.
JUDGE Comparing Assistant