TONGONAGAON TEA CO. LTD. Vs. UTTAM DAS

JUDGEMENT

(1.) Heard Mr. B. Dutta, learned counsel for the petitioner. Also heard Mr. T. Islam, learned counsel appearing for respondents no. 1 and 2 and Mr. C.K.S. Barua, learned Govt. advocate appearing for the State respondent nos. 3, 4 and 5.

(2.) By this application under Article 227 of the Constitution of India, the petitioners have assailed the order dated 23.09.2019 passed by the learned Special Tribunal, Tinsukia constituted under the Assam Land Grabbing (Prohibition) Act. 2010 in Misc. (J) Case No. 23/2019 in L.G. Case No. 4/2019. In this application, the petitioners have also prayed for quashing of the proceedings of L.G. Case No. 4/2019 pending before the said learned Tribunal. It is submitted that the Appellate Tribunal as provided under the said Act has not been constituted, as such, the petitioners having no other alternative, has approached this Court.

(3.) The respondents are the complainant in L.G. Case No. 4/2019, filed before the learned Special Tribunal on 24.06.2018. In the said application, allegation of land grabbing was made against the petitioners herein in respect of a plot of land measuring 3B- 0K-17L, which is covered by a part of dag no. 147 and 20 of Tea Patta No. 1, Grant No. 114 of Village- Tongana Gaon, Mouza- Saikhowa, in the district of Tinsukia, morefully described in column no.9 of the said complaint and hereinafter referred to as the "schedule land". It was projected that the petitioners possessed the schedule land for last 70-80 years since the days of their forefathers. It was alleged that the petitioner no.2 along with his staff and associates had illegally entered into a part of the schedule land of the petitioners by employing JCB, dumpers, etc., as such, they had filed FIR before the concerned police, who registered (i) Tongana P.S. Case No. 9/2019 under Section 447/323/379/506/ 34 IPC, and (ii) Tongana P.S. Case No. 13/2019 under Section 447/325/294/ 506/34 IPC. It was further projected that by letter dated 25.2.2019, the Circle Officer, Doomdooma had requested the Deputy Commissioner, Tinsukia for granting patta to the occupants of Grant No.114 under Tongana Gaon. A statement was made to the effect that the respondents had filed a petition before the Executive Magistrate, Tinsukia, but the interim order initially granted was vacated by the learned Sessions Court, Tinsukia.