Remanded

Pradip Chandra Deka v. the State of Assam and 2 Ors.

Gauhati HC3 Nov 2021Crl.Pet./100/2021

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a criminal petition challenging an attachment order under Section 145 Cr.P.C. deeming it ineffective due to execution. The Court remitted the underlying possession dispute to the Executive Magistrate with a direction to hear witnesses and decide within three months.

What did the court decide?

Present petition disposed of; remanded to Executive Magistrate to dispose of the possession dispute by hearing witnesses within three months.

Pradip Chandra Deka Vs the State of Assam and 2 Ors. — Landlord and Tenant | Gauhati HC (2021)

¶1

Page No.# 1/3

¶2

GAHC010026672021

¶3

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

¶4

Case No. : Crl.Pet./100/2021

¶5

PRADIP CHANDRA DEKA

¶6

S/O LT PRABHAT DEKA, R/O VILL-AGDLA, P.S.-BAIHATA CHARIALI, DISTKAMRUP(R), ASSAM

¶7

VERSUS

¶8

THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE PUBLIC PROSECUTOR, ASSAM

¶9

2:NIPEN DEKA S/O PAYODHAR DEKA R/O VILL-BAMA P.S.-BAIHATA CHARIALI DIST-KAMRUP (ASSAM)

¶10

3:KAMESHWAR DEKA S/O LATE GONGA NATH DEKA R/O VILL-BAMA P.S.-BAIHATA CHARIALI DIST-KAMRUP (ASSAM

¶11

Advocate for the Petitioner : MR I RAFIQUE Advocate for the Respondent : PP, ASSAM

¶12

BEFORE

¶13

HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

¶14

:: O R D E R ::

¶15

03-11-2021

¶16

By way of this application, the petitioner has challenged the order dated 07.06.2018 and or subsequent orders passed in the proceeding pertaining to Case No. 23/2018 pending

¶17

Page No.# 2/3

¶18

before the Executive Magistrate, Rangia, Kamaup.

¶19

Heard the learned counsel for the petitioner and the learned counsel for the respondent.

¶20

According to the petitioner, the proceeding that has been initiated by the trial court at the behest of the respondent is bad in law inasmuch as the said petition was filed by the respondent only after dismissal of the Title Suit which he filed vide Title Suit No.12/2018 and by order dated 08.01.2020, the learned court was pleased to reject the plaint and has dismissed the suit holding that the suit is barred by limitation. It is submitted that the learned trial court has not conceded to the petition so filed by the petitioner on 17.03.2020, by which the petitioner brought to the notice of the court about the dismissal of the Title Suit filed by the respondents.

¶21

The learned counsel for the respondents although admitted about the dismissal of the said Title Suit has also pointed out towards the observation of the learned trial court in the said impugned order dated 08.10.2020 that the learned trial court has also observed about the possession of the land by the petitioner but on the point of limitation, the case was dismissed for filing the case beyond the period of limitation.

¶22

I have gone through the impugned order of the Executive Magistrate dated 07.06.2018 and subsequent orders passed vide annexues-3 and 4 (series) which reveals that the court has drawn their proceeding under Section 145 Cr.P.C. and also attached the property under Section 146(1) Cr.P.C. to prevent the breach of peace and/or untoward incident between the parties. The order of attachment was passed far back in the year 2018 and now the petitioner has challenged the same by way of filing the present petition but by this time the order has already been executed. Now, after going through the various orders of the Court it reveals that the petitioner herein as respondent in the said case has not file any petition and/or written statement with a prayer to vacate the said attachment and the case is simply fixed for hearing since 2018 to 2020 but no any evidence is recorded till yet (as per orders of the court). There is also no any indication in any of the order about the petition dated 17.03.2020 that has been filed by the petitioner although, the petition bears the signature of the Magistrate and resultantly no any hearing was taken on the said petition.

¶23

Page No.# 3/3

¶24

Having regard to the materials on record and entirety of the matter it reveals that order dated 07.06.2018 regarding attachment etc. is now of no avail, as by this time the attachment has been executed as there was direction to the O/C to execute the order.

¶25

It is to be noted that the respondent No.2, who has filed the petition before the court has sought for possession over the disputed land on the basis of certain documents like agreement for sale which was executed far back in the year 2000. In the fitness of the matter, it transpires that the learned trial court should dispose of the matter by taking the witnesses of both the parties to arrive at a just decision, instead of keeping the matter years together without adhering to the hearing.

¶26

Having regard to the materials on record and the documents annexed, the present petition stands disposed of with a direction to the learned Executive Magistrate to decide the petition filed by the petitioner herein (respondent in the said case) and also by examining all the witnesses from both the sides and to dispose of the matter within a period of three months from production of the certified copy of the order before the court.

¶27

JUDGE

¶28

Comparing Assistant

Pradip Chandra Deka v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

Pradip Chandra Deka v. the State of Assam and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Bhabadev Mahanta Vs the State of Assam

Lakhi Nath Das @ Samir Vs the State of Assam and Anr.

Nekibar Rahman @ Nakul Vs the State of Assam

Nazim Uddin @ Nazim Member Vs the State of Assam

Rakesh Kumar Paul Vs the State of Assam and 1 Anr.

Sukhvinder Singh and 7 Ors. Vs the State of Assam