N.K.Baruah - (1.) LEARNED counsel appearing on behalf of the petitioner. Also heard Mr. B.B. Gogoi, LEARNED Addl, Public Prosecutor, appearing for respondent No. 1 (State of Assam) and Mr. T. J. Mahanta, LEARNED counsel appearing for respondent No.2.
(2.) BY filing this application under Section 482 CrPC 1973, the petitioner challenges the judgment and order dated 29.7.2009 passed by the learned Sessions Judge, Dhomaji, in Criminal Revision No. 2(1) of 2009. The matter relates to a dispute over possession of a plot of land measuring about 6-1/2 bighas which the petitioner claims to have been cultivating since the year 2000. The said plot of land is admittedly a Government Khas land belonging to the Forest Department of Assam and as such, no patta was issued in favour of any party and there is no objection from the Forest Authorities to the occupation/possession and cultivation and cultivation over the said plot of land in question. The petitioner claims that the said plot of land was purchased for consideration of a sum of Rs. 17,000 from the husband of the private respondent No.2. The land in question is bounded by: (i) in the North: land of petitioner and Sri Khirendra Baruah (ii) in the South: land of Sri Mangal Poddar (iii) in the East: Panchayat Road and land of Ajyudha Pegu, and (iv) in the West: land of Ajyudha Pegu. Adjacent to the said plot of land, the petitioner has another plot of land on which he has been residing with his family and cultivating thereon and the said land situates at the northern boundary of the land in question. It is also stated that the petitioner and his family are river erosion affected people and they were allowed by the State Government to settle thereon. In the month of June, 2007, when the petitioner was doing the cultivation on 5 bighas of the said land, a dispute arose between the petitioner and private respondent No. 2 regarding possession and cultivation over the said land. The respondent No.2 lodged a complaint with the Dhemaji police station and on the basis of the said complaint, an enquiry was conducted by the police and accordingly, a report was submitted regarding apprehension of breach of public peace and tranquility due to the dispute over the said land between the petitioner and the private respondent No.2. Based on the police report, a proceeding under Section 145 Cr.PC was initiated by the learned Addl. District Magistrate, Dhemaji, and the petitioner and private respondent No.2 were directed to appear before the said Magistrate in connection with Misc. Case No.12M/ 2007. Both the parties (petitioner and private respondent No.2) contested the case by examining themselves and some witnesses. The learned Addl. District Magistrate, Dhamaji, on coming to a finding that the disputed land entirely belongs to the Forest Department and the same is Government khas land and the private respondent. No.2 is not in continuous possession over the said land, the learned Magistrate being satisfied, vide an order dated 12.1.2009 declared the possession of the disputed land in favour of the present petitioner. However, since the disputed land is a Government khas land belonging to the Forest Department, the learned Addl. District Magistrate, Dhemaji, further directed the Dhemaji Forest Division to take over the disputed land with further direction that till the disputed land is taken over by the Forest Department, it shall remain attached.
(3.) AGAINST the aforesaid order dated 12.1.2009, the private respondent No. 2 filed a revision petition beng Revision Petition No. 2(1)/2009 before the court of learned Sessions Judge, Dhemaji. Upon hearing the parties concerned, the learned Sessions Judge, Dhemaji, set aside the order dated 12.1.2008 and allowed the revision petition and also declared the possession of the land in dispute in favour of respondent No. 2 (Smt. Ajyudha Pegu). Against the said order dated 29.7.2009 passed by the learned Sessions Judge, Dhemaji the present petitioner has filled this instant criminal petition.;