ABDUR RAHIM (MD.) & ORS. Vs. ABDUL ODUD (MD.) & ANR.
LAWS(GAU)-2018-9-158
HIGH COURT OF GAUHATI
Decided on September 17,2018

Abdur Rahim (Md.) And ors. Appellant
VERSUS
Abdul Odud (Md.) And anr. Respondents

JUDGEMENT

KALYAN RAI SURANA,J. - (1.) Heard Mr. R. Chakravorty, the learned counsel appearing for the petitioners as well as Mr. J. I. Borbhuiya, the learned counsel appearing for the respondents.
(2.) By this application under Article 227 of the Constitution of India, the petitioners have challenged the order dated 27.10.2017, passed by the learned Additional District and Sessions Judge No. 1, cum Special Tribunal (Land Grabbing), Nagaon, thereby taking cognizance of Special (L.G.) Case No. 29/2017 as well as order dated 12.02.2018, passed by the said learned Court, thereby staying the further proceedings in Title Suit No. 93/2017 pending before the Court of learned Munsiff, Hojai, Sankardev Nagar under Section 10 CPC. The proceedings of the said Special (L.G.) Case No. 29/17 was also challenged on the ground that it is ultra vires the provisions of Section 2(d) and 2(e) of the Assam Land Grabbing (Prohibition) Act, 2010 and Rules framed thereunder.
(3.) The petitioners herein are the respondents in Special (L.G) Case No. 29/2017, which was instituted by the respondents herein. In the said case, it was projected that the respondents herein had interest over the land measuring 41B-2K-11L in respect of 12 separate pattas and various Dags mentioned herein. It was projected that on 25.06.2017, the petitioners herein along with some hired musclemen had prevented the respondents from cleaning the land and the fisheries and tried to dispossess the petitioners from the said land and fisheries but the land grabbing attempt had failed because of the obstruction by the petitioners. Another attempt of land grabbing was made on 04.07.2017, which was also prevented. Ultimately, on 5.7.2017, at about 7.00 A.M., the petitioners had grabbed the land of the respondents, including the fisheries. Accordingly, the said land grabbing case was instituted.;


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