Gauhati High Court
Page No.# 1/4 vs The State Of Assam And Anr on 1 August, 2024
Page No.# 1/4
GAHC010150752024
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./882/2024
ALAM HUSSAIN BARBHUIYA AND 2 ORS
S/O ASAK ALI BARBHUIYA
R/O KAZIDAHAR PART-II
P.S. SONAI
DIST. CACHAR, ASSAM
2: FAKRUL ISLAM BARBHUIYA
S/O ASAK ALI BARBHUIYA
R/O KAZIDAHAR PART-II
P.S. SONAI
DIST. CACHAR
ASSAM
3: ASAK ALI BARBHUIYA
S/O LATE SANFOR ALI BARBHUIYA
R/O KAZIDAHAR PART-II
P.S. SONAI
DIST. CACHAR
ASSA
VERSUS
THE STATE OF ASSAM AND ANR
REPRESENTED BY THE PP, ASSAM
2:AFTAB UDDIN MAZUMDER
S/O LATE SONAHAR ALI MAZUMDER
R/O KAZIDAHAR PART-III
P.S. SONAI
DIST. CACHAR
ASSA
Advocate for the Petitioner : MR. A AHMED, MR. I U CHOWDHURY
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Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 01.08. 2024 Heard Mr. A. Ahmed, learned counsel for the petitioners and Mr. B. Sarma, learned Addl. PP appearing on behalf of the State respondent No. 1.
This is an application under Section 482 of the Cr.P.C, 1973 challenging the legality and validity of the impugned judgment and order dated 06.06.2024, passed by the learned Additional Sessions Judge, Cachar at Silchar in Criminal Revision No. 35/2020 affirming the order dated 03.03.2020, passed by the learned Additional District Magistrate (ADM), Cachar, Silchar in M.R. Case No. 898M/2014, directing the petitioners for restoration of the possession of the disputed land to the respondent No. 2.
Issue notice to the respondent No. 2, by registered post with A/D as well as usual process.
Steps be taken within 3 (three) days.
The notice is made returnable within 4 (our) weeks.
No formal notice is required to be served upon the State respondent No. 1 as Mr. Sarma has entered appearance and accepted notice on behalf of the respondent No. 1.
Call for the scanned copy of the LCR.
It is submitted by Mr. Ahmed, learned counsel for the petitioners that initially the present respondent No. 2 lodged a petition before the Addl. District Page No.# 3/4 Magistrate, Cachar Silchar alleging the harassment by the petitioners and also alleges that he tried to disposes them from their land with a prayer to draw up a proceeding under Section 145 of the Cr.P.C. Accordingly, a case has been registered being MR Case No. 898M/2014 under Section 145 Cr.P.C. The learned ADM, Cachar, Silchar was pleased to draw up a proceeding under Section 145 Cr.P.C. and was pleased to attach the disputed land under Section 146 (i) Cr.P.C. restraining both the parties from entering into the disputed land. The petitioners filed an application under Section 146 (1) Cr.P.C. before the learned learned ADM and produced all necessary relevant documents etc. regarding purchase of land by executing a registered sale deed. Considering the documents, the order of attachment was vacated, but due to personal inconvenience, the petitioners could not appear before the learned ADM at the time of hearing. Accordingly ex- parte order was passed on 18.06.2014 directing the petitioners to handover the possession of the land to the first party/ present respondent No. 2. On being aggrieved, the present petitioner moved an application before the Additional Sessions Judge, Cachar, Silchar and the learned Addl. Sessions Judge, uphold the order of the learned ADM vide order dated 06.06.2024.
It is submitted by Mr. Ahmed that it was purely a private dispute between the two private groups but without considering this aspect, 145 Cr.P.C. proceeding was drawn up and attach the land the petition under Section 146 Cr.P.C. of the petitioners and the final order was passed by the learned trial Court.
The learned Addl. Sessions Judge vide order dated 06.06.2024, upheld the order dated 03.03.2020 passed by the learned ADM, hence the present petition.
Mr. Ahmed, learned counsel for the petitioners has relied upon the following decisions of this Court in support of his submissions:
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1. 1991 CRI. L.J. 1769:: (1991) 1 CRILC 776 (Ashok Kumar Ghose V. Khetra Mohan Das.)
2. AIRONLINE 2023 GAU 499 (Md. Osman Ali Saikia V. Chand Mahamod Saikia)
3. 2008 CRI. L.J. 892:: (2008) 1 GAU LR 577 (Ms. Jesmin Rahman V. Mrs. Afruza Begum and Anr.) Considering the submission of the learned counsel for the petitioners, the impugned judgment and order dated 06.06.2024, passed by the learned Additional Sessions Judge, Cachar at Silchar in Criminal Revision No. 35/2020 affirming the order dated 03.03.2020, passed by the learned Additional District Magistrate (ADM), Cachar, Silchar in M.R. Case No. 898M/2014 are hereby stayed till the next returnable date.
List the matter after 4 (four) weeks.
JUDGE Comparing Assistant