Gauhati High Court
Hemkanta Boro vs The State Of Assam And 4 Ors on 22 May, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/3
GAHC010111442019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3300/2019
1:HEMKANTA BORO
S/O- LT BHONG KACHARI, R/O- KOTOKIPARA, P.O. AND P.S. GORCHUK,
DIST- KAMRUP (M), ASSAM
VERSUS
1:THE STATE OF ASSAM AND 4 ORS.
REP. BY THE SECONDARY TO THE GOVT. OF ASSAM, REVENUE DEPTT.,
DISPUR, GHY-6
2:THE DY. COMMISSIONER
KAMRUP (M)
GHY-1
3:THE CIRCLE OFFICER
DISPUR REVENUE CIRCLE
DISPUR
GHY-6
4:THE OFFICER IN CHARGE
GORCHUK P.S.
GORCHUK
DIST- KAMRUP (M)
ASSAM
PIN- 781035
5:BULU RANI DAS
W/O- LT AMRIT CHANDRA DAS
R/O- VILL- DIGUNPARA (LEJA)
P.O. AND P.S. KAMALPUR
DIST- KAMRUP (R)
ASSAM
PIN- 78138
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Advocate for the Petitioner : MR R HUSSAIN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 22-05-2019 Heard Mr. R Hussain, learned counsel for the petitioner and Mr. PS Deka, learned Standing Counsel, Revenue Department, Assam. Also heard Ms. D Das Barman, learned Government Advocate, Assam.
Having regard to the subject matter of the writ petition and considering the order that is proposed to be passed, issuance of formal notice to respondent No.5 is considered not necessary and the case is taken up for disposal at the motion stage itself.
Grievance of the petitioner is that respondent No.5 has lodged first information alleging that petitioner and his relatives are trying to grab her 2 kathas of land covered by Dag No.1239 Patta No.1243 situated at Betkuchi under Beltola Mouza, Dispur Revenue Circle, Guwahati City. On the basis of such information, Gorchuk PS Case No.155/2019 has been registered under Sections 447/294/506/34 IPC read with Section 5 of the Assam Land Grabbing (Prohibition) Act, 2010. It is seen that petitioner has obtained anticipatory bail from the Court of Addl. Sessions Judge No.1, Kamrup (M) at Guwahati on 11.04.2019 in AB No.211/2019. Now Circle Officer, Dispur Revenue Circle has summoned petitioner and respondent No.5 for hearing on 28.05.2019 vide letter dated 30.04.2019 for demarcation of boundary.
Evidently, this is a case of alleged land grabbing at the instance of respondent No.5. Under Section 7 of the Assam Land Grabbing (Prohibition) Act, 2010 (Land Grabbing Prohibition Act), Special Tribunals have been constituted for the purpose of inquiry into any alleged act of land grabbing and trial of cases in respect of ownership and title, or lawful possession of land grabbing. Court of District and Sessions Judge having jurisdiction has been designated as the Special Tribunal, including Addl. District and Sessions Judge. As per Section Page No.# 3/3 8 of the Land Grabbing Prohibition Act, Special Tribunal shall try all cases arising out of any alleged act of land grabbing, or with respect to ownership and title to, or lawful possession of land grabbed.
Procedure to be followed by the Special Tribunal is laid down in Section 10. Section 12 says that any case pending before any Court or other authority immediately before coming into force of the Land Grabbing Prohibition Act shall stand transferred to the Special Tribunal having jurisdiction.
In In Re:- Vs. State of Assam, (2018) 2 GLR 313, a Division Bench of this Court has extensively gone into various facets of the Land Grabbing Prohibition Act and has held that only the Special Tribunal is competent to enquire into and try the offence of land grabbing. In a case of land grabbing, exclusive jurisdiction is vested in the Special Tribunal. Role of the police or any other authority is ruled out.
In that view of the matter, record of Gorchuk PS Case No.155/2019 shall be immediately transmitted by the Officer-in-Charge of Gorchuk Police Station to the District and Sessions Judge, Kamrup (M) at Guwahati, who shall thereafter assign the case to the Special Tribunal constituted to deal with offences of alleged land grabbing. On registration of the case, Special Tribunal shall issue notice to both the sides and proceed with the matter in accordance with the provisions contained under the Land Grabbing Prohibition Act and the Rules framed thereunder.
Interference by any other authority would not be permissible.
With the above observation and direction, writ petition is disposed of.
JUDGE Biplab Comparing Assistant