KAZI SUJAUDDAULA Vs. SECRETARY MAHENDRAGANJ COOPERATIVE SOCIETY

JUDGEMENT

(1.) Heard Mr. A.S. Siddiqui, learned Sr. Counsel along with Ms. M.K. Sah, learned counsel for the petitioner. Also heard Mr. S. Dey, learned counsel for the respondent.

(2.) According to the parties, the dispute in this case is with regard to an alleged easementary right over the land of the respondent herein, to which the petitioner claimed that, within the said land of the respondent there used to be a path which was all along used by the petitioner as well as villagers to go towards Mahendraganj Bazar.

(3.) Suddenly, in the year 2015 the respondent had raised a temporary structure on the said land thereby obstructing the path which the petitioner and the villagers used to pass by. The petitioner had then accordingly filed an application under Sec. 133 Cr.PC before the Additional Deputy Commissioner, South West Garo Hills, Ampati. On the said application not being taken up expeditiously, the petitioner had approached this Court by way of a writ petition being WP(C) No. 35 of 2019 and this Court vide order dtd. 18/2/2019 had directed the said Additional Deputy Commissioner to dispose of the application within a period of two months in accordance with law.