Writ petition filed against police officers disturbing petitioner's fishery setup due to a dispute with a neighbor. Court held the land dispute is a private civil matter requiring adjudication by civil court.
Writ petition disposed directing respondent No. 4 not to interfere in the civil dispute between the parties.
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GAHC010075162024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/3405/2024
BAKULA HACHIN @ BAKULA HASIN W/O- FAIZUL HOQUE, VILL- MAGURMARI, P.O. KANDHULIMARI, P.S. DHING, DIST- NAGAON, ASSAM, PIN- 782123
VERSUS
THE STATE OF ASSAM AND 4 ORS REPRESENTED BY ITS COMMISSIONER AND SECRETARY, TO THE GOVT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI- 781006
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI- 781007
3:SUPERINTENDENT OF POLICE NAGAON P.O. NAGAON ASSAM
4:THE OFFICER-IN-CHARGE DHING POLICE STATION P.O. DHING DIST.- NAGAON ASSAM
5:SAMIR UDDIN S/O- LATE KALIM UDDIN VILL- MAGURMARI P.O. KANDHULIMARI P.S. DHING DIST.- NAGAON ASSAM
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PIN- 78212
Advocate for the Petitioner(s) : Mr. R. Sharma (Senior Advocate) Advocate for the respondent(s): Mr. N. Goswami
Mr. M Hossain
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 02.08.2024
Heard Mr. R. Sharma, the learned Senior Counsel assisted by Ms. P. Phukan, the learned counsel appearing on behalf of the petitioner. Mr. N. Goswami, the learned counsel appears on behalf of the respondent Nos. 1, 2, 3 & 4 and Mr. M. Hossain, the learned counsel appears on behalf of the respondent No. 5.
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counsel appearing on behalf of the respondent authorities and also in view of the categorical submissions made by the counsel for the petitioner as well as the respondent No.5, it appears that the dispute between the petitioner and respondent No.5 is a private civil dispute as to who has the right over the land in question. Under such circumstances, this Court is of the opinion that such dispute between petitioner and respondent No. 5 are required to be settled before the Competent Court of civil jurisdiction. The respondent No. 4 cannot interfere with such a dispute unless and until an offences is made under the extant laws.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether writing can intervene in a private civil dispute regarding possession of land.
Whether directions can be issued to police not to interfere in a private land dispute.
Bakula Hachin @ Bakula Hasin
The State of Assam
Director General of Police Assam
Superintendent of Police Nagaon
Officer-in-Charge Dhing Police Station
Samir Uddin
Devashis Baruah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
