Gauhati High Court
Abdul Hai vs Md. Julhas Uddin And 11 Ors on 25 November, 2025
Page No.# 1/5
GAHC010174502016
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/6465/2016
ABDUL HAI
S/O. AZUT ALI, VILL. CHENIBARI, P.O. RANIPUKHURI, P.S. DHULA, DIST.
DARRANG, ASSAM.
VERSUS
MD. JULHAS UDDIN and 11 ORS
S/O. LT. AZIMUDDIN, VILL. NAGAJAN, P.O. KHARUPETIA, P.S.
KHARUPETIA, DIST. DARRANG, ASSAM, PIN. 784115. LAND MARK NEAR
FAKIRPARA G.P. OFFICE.
2:MRS. ANWARA BEGUM
W/O. MD. MAFIJAL HAQUE
VILL. NAGAJAN
P.S. KHARUPETIA
P.O. KHARUPETIA
DIST. DARRANG
ASSAM. LAND MARK NEAR NAJAGAN L.P. SCHOOL.
3:MD. ABDUL RASHID
S/O. LT. LAT SAHAB UDDIN
R/O. PANBARI ROAD
W/N-7
KHARUPETIA TOWN
P.O. KHARUPETIA
P.S. KHARUPETIA
DIST. DARRANG
ASSAM
PIN. 784115.
4:MD. WAHED ALI
S/O. LT. SORHAB ALI
Page No.# 2/5
VILL. NAGAJAN
P.O. KHARUPETIA
P.S. KHARUPETIA
DIST. DARRANG
ASSAM.
5:MD. NURUL HAQUE TALUKDAR
S/O. HABIBUR RAHMAN TALUKDAR
VILL. NAGAJAN
P.O. KHARUPETIA
P.S. KHARUPETIA
DIST. DARRANG
ASSAM
PIN. 784115.
6:MD. SAMAD ALI
S/O. LT. ALFAS ALI
VILL. NAGAJAN
P.O. KHARUPETIA
P.S. KHARUPETIA
DIST. DARRANG
ASSAM
PIN. 784115.
7:MD. MOJIBAR RAHMAN
S/O. LT. SURHAB ALI
VILL. NAGAJAN
HOSPITAL ROAD
P.O. KHARUPETIA
P.S. KHARUPETIA
DIST. DARRANG
ASSAM
PIN. 784115.
8:MD. ABDUL KHALEK @ IDU
S/O. MD. MOMIJAL HOQUE
VILL. MUWAMARI
P.O. KHARUPETIA
P.S. KHARUPETIA
DIST. DARRANG
ASSAM
PIN. 784115.
9:ABDUL JALIL
S/O. LT. MUKTIL ALI
VILL. NAGAJAN
P.O. KHARUPETIA
P.S. KHARUPETIA
Page No.# 3/5
DIST. DARRANG
ASSAM
PIN. 784115.
10:MD. BAHAJ UDDIN ALIAS DHANU
S/O. LT. GANDA AKAND
R/O. PANBARI ROAD
W/N-7
KHARUPETIA TOWN
IN FRONT OF DR. JALAL PRADHAN CLINIC
P.O. and P.S. KHARUPETIA
DIST. DARRANG
ASSAM
PIN. 784115.
11:MD. LAL BAHADUR
S/O. LT. SAHARUDDIN AKAND
R/O. W/N-2
NIMTOLI
IN FRONT OF JATIYA VIDYALAY
P.O. and P.S. KHARUPETIA
DIST. DARRANG
ASSAM
PIN. 784115.
12:THE STATE OF ASSAM
REPRESENTED BY PUBLIC PROSECUTOR
GAUHATI HIGH COURT
GUWAHATI
Advocate for the Petitioner : MR.A DAS, MR.M U MAHMUD,MR.M ALI,MR.M R Z
CHOUDHURY
Advocate for the Respondent : PP, ASSAM, MR.A R SHOME,MR.S CHAUHAN
Page No.# 4/5
BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
ORDER
Date : 25.11.2025 Heard Mr. M. U. Mahmud, learned counsel for the petitioner.
This writ petition is filed against the order dated 19.08.2016, passed by the learned Additional District Judge (FTC)-cum-Special Tribunal, Darrang, Mangaldai, in Special (L.G.) Case No. 06/2015, whereby the matter has been remanded to the learned Chief Judicial Magistrate for trial of the offence under Sections 447/506/427/34 of the Indian Penal Code, having found that no case under Sections 3 & 6 of Assam Land Grabbing (Prohibition) Act, 2010 is prima facie established.
It is noticed that an appeal against a judgment and order of the Special Tribunal would lie before the Special Court under Section 13 of Assam Land Grabbing (Prohibition) Act, 2010. The record, however, indicates that the State of Assam has not constituted the Special Court as required under Section 14 of the Assam Land Grabbing (Prohibition) Act, 2010.
None appeared for the respondents including the State of Assam initially. However, on the request of this Court, Mr. K. Baishya, learned Additional Public Prosecutor, has appeared and submits that he is not authorized to appear in a writ petition even if it pertains to criminal proceedings.
Although this Court finds strange to such submission, since Mr. Baishya, learned Additional Public Prosecutor, has appeared for the first time in this matter, a week's time is granted to obtain instruction as to whether any Special Court has been constituted under Section 14 of the Assam Land Grabbing Page No.# 5/5 (Prohibition) Act, 2010.
It is expected that the learned Public Prosecutor shall appear in this matter on the next date.
List the matter on 03.12.2025.
JUDGE Comparing Assistant