Gauhati High Court
Abedur Rahman vs The State Of Assam And 7 Ors on 27 March, 2019
Author: Ujjal Bhuyan
Bench: Ujjal Bhuyan
Page No.# 1/4
GAHC010039912019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 1268/2019
1:ABEDUR RAHMAN
S/O. MAZIBUR RAHMAN, R/O. WARD NO.3, PACHATIA, PART NO.3,
MORIGAON, DIST. MORIGAON, ASSAM.
VERSUS
1:THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, DEPTT. OF
REVENUE AND DISASTER MANAGEMENT, DISPUR, GUWAHATI-06.
2:THE ADDL. CHIEF SECRETARY
GOVT. OF ASSAM
REVENUE AND DISASTER MANAGEMENT
DISPUR
GUWAHATI-06.
3:THE ADDL. CHIEF SECRETARY
GOVT. OF ASSAM
HOME DEPTT.
DISPUR
GUWAHATI-06.
4:THE DY. COMMISSIONER
KAMRUP (M)
GUWAHATI
ASSAM
GHY.-01.
5:THE ADDL. DY. COMMISSIONER
(REVENUE)
KAMRUP (M)
ASSAM
GHY.-01.
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6:THE CIRCLE OFFICER
DISPUR REVENUE CIRCLE
DIST. KAMRUP (M)
GUWAHATI
ASSAM
GHY.-06.
7:DHRUBA JYOTI HAZARIKA
CIRCLE OFFICER
DISPUR
REVENUE CIRCLE
GUWAHATI
ASSAM
GHY.-06.
8:THE OFFICER IN CHARGE
HATIGAON POLICE STATION
HATIGAON
GUWAHATI
ASSAM
GHY.-06
Advocate for the Petitioner : MR A D CHOUDHURY
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE UJJAL BHUYAN
ORDER
Date : 27-03-2019 In view of the order passed today in IA(C) No.1062/2019, necessary correction may be made in the cause-title by addition of Smt. Sabita Sen as respondent No.9. Mr. K. Lahkar, learned counsel representing the added respondent No.9 may make necessary correction in the cause-title by hand.
Heard Mr. D. Choudhury, learned counsel for the petitioner and Ms. D. Das Barman, learned Govt. Advocate, Assam. Also heard Mr. K. Lahkar, learned counsel for newly added respondent No.9.
Page No.# 3/4 Basic grievance of the petitioner is that he and his brothers are recorded pattadars of a plot of land situated at Hatigaon-Bhetapara road under Hatigaon Police Station, Guwahati City.
Petitioner is a resident of Morigaon district and occasionally comes to Guwahati City to look after the property. It is alleged that respondent No.9 and her son had made construction on the land belonging to the petitioner. Alleging a case of land grabbing, he had lodged first information before Hatigaon Police Station on 19.01.2019 on the basis of which Hatigaon Police Station Case No.41/2019 was registered under Sections 447/427/379 IPC read with Sections 4/5 of the Assam Land Grabbing (Prohibition) Act, 2010 (2010 Act). Alleging inaction on the part of the police, present writ petition has been filed.
2010 Act is a special legislation which has been enacted to prohibit the activity of land grabbing in the State of Assam. Under Section 3 of the 2010 Act, land grabbing in any form has been declared unlawful and has been made a cognizable offence. Section 4 prohibits land grabbing in any form. Under Section 7, there shall be a Special Tribunal for the purpose of enquiry into any alleged act of land grabbing and trial of cases in respect of ownership and title to or unlawful possession of land grabbing. Court of District and Sessions Judge having jurisdiction has been declared as Special Tribunal and would include Additional District and Sessions Judge. Powers and functions of Special Tribunals are mentioned in Section 8 whereas procedures to be followed by Special Tribunals are mentioned in Section 10. As per Section 12, any case involving any act of land grabbing pending before any Court or authority immediately before coming into force of the 2010 Act shall stand transferred to the Special Tribunal within whose jurisdiction the alleged grabbed land is situated.
In the case of In re State of Assam, 2017 (5) GLT 854 , a Division Bench of this Court has held that when it is a case of alleged land grabbing, only the Special Tribunal constituted under the 2010 Act has the jurisdiction; rather exclusive jurisdiction is vested in the Special Tribunal. Role of police or any investigating agency is ruled out.
That being the position, respondent No.8, i.e., Officer-in-Charge, Hatigaon Police Station is directed to immediately transmit the case record of Hatigaon Police Station Case No.41/2019 to the District and Sessions Judge, Kamrup (Metro) whereafter District and Page No.# 4/4 Sessions Judge, Kamrup (Metro) shall assign the case to the Special Tribunal constituted for the district of Kamrup (Metro) which shall thereafter be proceeded in accordance with the provisions of the 2010 Act as explained in the case of In re State of Assam (supra). However, it is made clear that Court has not expressed any opinion on the rival contentions of the parties. It is for the Special Tribunal to decide.
Writ petition is disposed of.
JUDGE Comparing Assistant