Disposed

Assam State Transport Corporation and 2 Ors. v. Umesh Ch. Deka

Gauhati HC10 Nov 2025CRP/174/2023

Case brief

AI extract

What is this about?

Petition under Article 227 against a Special Tribunal (Land Grabbing) judgment granting a respondent title over suit land, compensation and eviction of the Assam State Transport Corporation. With possession handed back and payment made, the High Court confirmed the tribunal's judgment, closed the case and execution proceedings, vacated the interim order.

What did the court decide?

Tribunal judgment confirmed; execution case and criminal-side proceedings closed; interim order vacated; no costs.

Assam State Transport Corporation and 2 Ors. Vs Umesh Ch… — Property and Title | Gauhati HC (2025)

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GAHC010252362023

2025:GAU-AS:15447

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

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Case No. : CRP/174/2023

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ASSAM STATE TRANSPORT CORPORATION AND 2 ORS. REPRESENTED BY THE MANAGING DIRECTOR, ASSAM STATE TRANSPORT CORPORATION, PALTAN BAZAR, GUWAHATI-8

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2: KHAGEN CHETIA

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THE THEN GENERAL MANAGER ASSAM STATE TRANSPORT CORPORATION PALTAN BAZAR GUWAHATI-8

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3: RAMEN DAS

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THE THEN STATION SUPERINTENDENT ASSAM STATE TRANSPORT CORPORATION JAGIROAD ASSAM PIN

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VERSUS

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UMESH CH. DEKA

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S/O LATE ANANDA CHARAN DEKA, R/O JAGIROAD TOWN, MOUZA GOVA, P.O. AND P.S.-JAGIROAD, DIST-MORIGAON, ASSAM

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BEFORE

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HON’BLE MR. JUSTICE DEVASHIS BARUAH

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For the Petitioner(s) : Mr. P. Nayak, Addl. AG, Assam : Mr. A. Chamuah, Standing Counsel

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For the Respondent(s) : Mr. D. C. C. Phukan, Advocate

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Date on which Judgment was reserved : N/A

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Date of Pronouncement of Judgment : 11.11.2025

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Whether the pronouncement is of the Operative Part of the Judgment : No

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Whether the full Judgment has been Pronounced : Yes

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JUDGMENT AND ORDER (ORAL)

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Heard Mr. P. Nayak, the learned Additional Advocate General, Assam as well as Mr. A. Chamuah, the learned Standing counsel of the Assam State Transport Corporation appearing on behalf of the Petitioners and Mr. D. C. C. Phukan, the learned counsel appearing on behalf of the sole Respondent.

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The present proceedings under Article 227 of the Constitution is directed against the judgment and order dated 18.03.2021 passed in Sessions Special (Land Grabbing) Case No.02/2014 whereby the learned Special Tribunal (Land Grabbing), Morigaon had vide a detailed judgment and order held that the Respondent herein had right, title and interest over the suit land and entitled for recovery of vacant possession of the suit land by evicting the Petitioners herein and any other person(s) claiming through them and by demolishing all constructions made over the suit land by the Assam State Transport Corporation Authorities at their cost. In addition to that, the learned Special Tribunal (Land Grabbing) also held that the Respondent herein would be entitled for compensation of Rs.5,00,000/- from Assam State Transport Corporation within 3 (three) months failing which the amount shall carry an interest @9% from the date of the order till its

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realization for illegally possessing the suit land.

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It is noticed that pursuant to filing of the present petition, the learned Coordinate Bench of this Court vide an order dated 20.08.2021 while issuing notice stayed the operation of the judgment and order dated 18.03.2021 passed in Sessions Special (Land Grabbing) Case No.02/2014. The said stay order thereupon continued from time to time till 22.07.2024. During the pendency of the instant proceedings, certain developments took place whereby the Petitioners more particularly the Petitioner No.1 through its Managing Director gave a commitment before this Court that the possession of the suit land would be handed over back to the Respondent and further the amount with interest as directed by the learned Special Tribunal (Land Grabbing) would be paid to the Respondent. It is further noticed that the said amount so directed by the learned Special Tribunal (Land Grabbing) along with interest amounting to Rs.6,85,918/- was duly paid to the Petitioner as it is apparent from the records.

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It has been also submitted at the Bar that the possession of the land have also been handed over to the Respondent herein on 10.11.2025 and the Respondent presently is in possession of the suit land.

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It is also the submission of the learned counsels for the parties that taking into account that the Petitioner No.1 is a Corporation of the State of Assam, the proceedings initiated being Sessions Special (Land Grabbing) Case No.02/2014 be closed taking into account that the Respondent herein is satisfied with the handing over the possession as well as the payment of

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the amount as directed by the learned Special Tribunal (Land Grabbing).

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Considering the above and more particularly taking into account that the Petitioner No.1 is a Corporation of the Government of Assam, this Court is also of the opinion that the further continuation of the Sessions Special (Land Grabbing) Case No.02/2014 would not be in the interest of justice.

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Accordingly, the instant proceedings stands disposed of with the following observations and directions:

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(i) This Court confirms the judgment and order passed by the learned Special Tribunal (Land Grabbing) dated 18.03.2021 passed in Sessions Special (Land Grabbing) Case No.02/2014.

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(ii) The payment of the amount of Rs.6,85,918/- to the Respondent and further the handing over of the possession of the suit land to the Respondent during the course of the instant proceedings would be deemed that the judgment and order passed by the learned Special Tribunal (Land Grabbing) dated 18.03.2021 passed in Sessions Special (Land Grabbing) Case No.02/2014 is duly satisfied. In that view of the matter, the execution proceedings being Title Execution Case No.2/2021 also stands closed and the learned Special Tribunal (Land Grabbing), Morigaon on the basis of the instant order shall act thereupon.

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(iii) Taking into account the interest of justice, the further continuation of Sessions Special (Land Grabbing) Case No.02/2014 on the criminal side

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would not be in the interest of justice and accordingly, vide this present judgment and order, the said proceedings stands also closed and the learned Special Tribunal (Land Grabbing), Morigaon on the basis of this order shall close the same.

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(iv) Interim order passed on 20.08.2021 stands vacated.

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(v) There shall be no order as to costs.

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(vi) The records be returned to the Court of the learned Special Tribunal (Land Grabbing), Morigaon.

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JUDGE

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Comparing Assistant

Assam State Transport Corporation and 2 Ors. v. Umesh Ch. Deka

Case brief

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Assam State Transport Corporation and 2 Ors. v. Umesh Ch. Deka

Case brief

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