Md. Majnur Ali Vs Anamika Kalita and Anr.

Heard Mr. N.N. Jha, the learned counsel appearing on behalf of the petitioner. Mr. G. Bharadwaj, the learned counsel appears on behalf of the respondents.

¶18

This is an application filed under Article 227 of the Constitution of India challenging the judgment and order dated 22.07.2024 passed by the learned Additional District and Sessions Judge-cum Presiding Officer, Special Tribunal (Land Grabbing), Kamrup, Amingaon (hereinafter referred to as, “the learned Court below”) in L.G. Case No. 10/2019.

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This Court has duly perused the impugned judgment and order dated 22.07.2024 whereby the learned Court below had decided the civil liability in favour of the complainants i.e. the respondents herein and further directed the petitioner herein to vacate the Schedule land. This Court further takes note of the records of the learned Court below and, more particularly, the order dated 31.03.2023 wherein the learned Court below on the basis of a petition bearing No. 101/2020 called for the records of Misc Case No. 05/2018-2019 from the Office of the Circle Officer, Hajo Revenue Circle and further observed that the cross examination of the complainant witnesses will take place after the receipt of the case records. The record further reveals that the learned Court below vide an order dated 28.02.2024 was of the opinion that the first civil liability is to be decided to the effect “whether the respondent had civil liability to vacate the alleged grabbed land/the Schedule land being prime facie land grabber under the Assam Land Grabbing (Prohibition)

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Act, 2010 having no title, ownership and lawful possession over the alleged grabbed land”.

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It is pertinent herein to mention that the cross examination of the complainant witnesses which was kept in abeyance as stated above, was not allowed to be done. Further to that, the learned Court below had placed reliance upon the examination-in-chief on affidavit filed by the complainant witnesses without there being a cross examination. The same goes against the very tenets of the provisions of law and, more particularly, the provision of Order XVIII Rule 4 of the Code of Civil Procedure, 1908.

¶23

Taking into account the above, this Court is of opinion that the impugned judgment and order dated 22.07.2024 passed in L.G. Case No. 10/2019 has to be set aside and quashed.

¶24

Accordingly, the said judgment and order dated 22.07.2024 passed by the learned Court below i.e., the Court of the learned Additional District and Sessions Judge-cum Presiding Officer, Special Tribunal (Land Grabbing), Kamrup, Amingaon in L.G. Case No. 10/2019 is set aside and quashed.

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Taking into account the above observation, this Court directs both the parties to again appear before the learned Court below i.e. the Court of the learned Additional District and Sessions Judge-cum Presiding Officer, Special Tribunal (Land Grabbing), Kamrup, Amingaon on 20.03.2025. On the said date, the learned Court below shall fix the said proceedings being L.G. Case No. 10/2019 for cross examination of the complainant witnesses and thereupon proceed with the disposal of the

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said proceedings in accordance with the provisions of the Assam Land Grabbing (Prohibition) Act, 2010 and the Rules framed therein under. It is needless to mention that the learned Trial Court below before deciding the civil liability shall give due opportunity to the petitioner herein to adduce evidence, if so advised.

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With the above observations and directions, the instant petition stands disposed of.

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JUDGE

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Md. Majnur Ali v. Anamika Kalita and Anr.

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Md. Majnur Ali v. Anamika Kalita and Anr.

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