Gauhati High Court
Md. Afzal Hussain vs Intaz Ali on 18 April, 2022
Author: Rumi Kumari Phukan
Bench: Rumi Kumari Phukan
Page No.# 1/2
GAHC010071452022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Crl.Pet./339/2022
MD. AFZAL HUSSAIN
S/O- LATE MAULANA SAHIRUDDIN AHMED, R/O- DALGAON TOWN, P.O.
AND P.S. DALGAON, DIST. DARRANG, ASSAM, PIN- 784116.
VERSUS
INTAZ ALI
S/O- LATE AFIZUDDIN SHEIKH, VILL.- DALGAON KHUTI, P.O. AND P.S.
DALGAON, DIST. DARRANG, ASSAM, PIN- 784116.
Advocate for the Petitioner : MR. M K SHARMA
Advocate for the Respondent :
BEFORE
HON'BLE MRS. JUSTICE RUMI KUMARI PHUKAN
ORDER
18.04.2022 By way of this application filed under Section 482 CrPC, the petitioner has sought for setting aside and quashing the impugned order dated 17.03.2020, passed by the learned Additional District Magistrate, Darrang in MC No. 91/1989, under Sections 145/146 CrPC.
Heard the submission of the learned counsel for the petitioner, who has referred to certain documents, including the judgment passed by the learned Additional District Page No.# 2/2 Magistrate, Darrang, pertaining to the disputed land and has assailed that, so far the observation made in regard to the possession of the petitioner in the said land, which is beyond the dictum of the Civil Court, is bad in law. Let a notice be issued to the sole respondent by registered post with A/D as well as by usual process, returnable within 4 (four) weeks. Call for the LCR from the Court of learned Additional District Magistrate, Darrang. Till the returnable date, the operation of the impugned order dated 17.03.2020 is hereby stayed.
JUDGE Comparing Assistant