Disposed

Satyabala Mandal and 10 Ors. v. the State of Assam and 6 Ors.

Gauhati HC5 Nov 2020WP(C)/2782/2020

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition regarding arson and destruction of crops. The Court held that since an FIR was registered and a charge-sheet submitted under relevant IPC sections, nothing further survived for adjudication in the writ petition.

What did the court decide?

The writ petition is disposed of at the motion stage; liberty granted to petitioners to avail appropriate legal remedy regarding immovable property interests by approaching the appropriate forum.

Satyabala Mandal and 10 Ors. Vs the State of Assam and 6 Ors. — Land Acquisition | Gauhati HC (2020)

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GAHC010087222020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : WP(C)/2782/2020

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SATYABALA MANDAL AND 10 ORS. W/O- LT. KARTIK MANDAL, VILL- NO. 1 BHURBANDHA, P.O. B. SAPMARI, P.S. RUPAHIHAT, DIST.- NAGAON, ASSAM, PIN- 782120 2: AMAR MANDAL Age: Occupation :

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3: ASHADUL ISLAM Age: Occupation :

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4: RINABALA BISWAS Age: Occupation :

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5: JINNAT ALI Age: Occupation :

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6: JINNAT ALI Age: Occupation :

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7: MEGHLAL MANDAL Age: Occupation :

8: NASIR UDDIN

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Age: Occupation :

9: PARSANATH MANDAL Age: Occupation :

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10: NIZAM UDDIN Age: Occupation :

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11: MUKUT MANDAL Age: Occupation

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VERSUS

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THE STATE OF ASSAM AND 6 ORS.

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TO BE REP. BY THE CHIEF SECY. TO THE GOVT. OF ASSAM, DISPUR, GHY-6 2:THE COMM. AND SECY. TO THE GOVT. OF ASSAM Age: 0 Occupation :

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3:DIRECTOR OF LAND RECORD AND SURVEYS Age: 0 Occupation :

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4:THE DY. COMMISSIONER Age: 0 Occupation :

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5:THE CIRCLE OFFICER Age: 0 Occupation : 6:THE OFFICER IN CHARGE Age: 0 Occupation :

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7:MOHIM CHANDRA BARUAH

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Age: 0 Occupation

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Advocate for the Petitioner : MR. N ISLAM

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Advocate for the Respondent : SR GA,ASSAM

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BEFORE

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HONOURABLE MR. JUSTICE SUMAN SHYAM

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ORDER

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Date : 05-11-2020

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Heard Mr. N. Islam, learned counsel for the writ petitioners. Also heard Mr. R. Borpujari, learned standing counsel, Revenue Department, Assam and Ms. D.D. Barman, learned Govt. Advocate, Assam appearing for the official respondents.

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Upon perusal of the statements and averments made in the writ petition, this Court is of the opinion that save and except the grievance pertaining to the activities of arson and destruction of crops allegedly committed by the agents of private respondent, none of the other reliefs, as prayed for in the writ petition, can be granted under the law.

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At this stage, Ms. Barman submits that based on the FIR lodged by the petitioners, Rupohihat P.S. Case No. 104/2018 has already been registered under Sections 447/ 435/ 294/ 506/ 34 IPC on 22-02-2018 and upon completion of the investigation, Charge-Sheet No. 49/2018 has also been submitted. If that be so, in the opinion of this Court, nothing further survives for adjudication in this writ petition.

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In view of the above and agreed to by the learned counsel for both parties, this writ

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petition is hereby disposed of at the motion stage by granting liberty to the petitioners to avail appropriate legal remedy as may be permissible under the law, so as to protect their

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interest, if any, in respect of the immovable property by approaching the appropriate forum.

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The writ petition stands closed.

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JUDGE GS

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Comparing Assistant

Satyabala Mandal and 10 Ors. v. the State of Assam and 6 Ors.

Case brief

What is this about?

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Satyabala Mandal and 10 Ors. v. the State of Assam and 6 Ors.

Case brief

What is this about?

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What the court decided

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