ABDUL MANNAN AKOND Vs. HASINA YASMIN

JUDGEMENT

(1.) Heard Ms. R. Choudhury, the learned counsel appearing on behalf of the Petitioner and Ms. S. Parveen, the learned counsel appearing on behalf of the Respondents.

(2.) This is an application filed under Sec. 115 read with Sec. 151 of the Code of Civil Procedure, 1908 challenging the judgment and order dtd. 30/3/2021 passed by the learned Presiding Officer, Special Tribunal (Land Grabbing), Dhubri in T.S. (L/G) Case No. 22/2015 whereby the application filed by the Respondents herein was allowed thereby declaring the right, title and interest over the disputed land and the Petitioner was held to be a land grabber and accordingly liable to be evicted.

(3.) The learned counsel for the Petitioner has submitted that the Court below completely erred in law in passing the impugned judgment and order taking into consideration that the Court below did not take into consideration the provisions of Sec. 2(d) of the Assam Land Grabbing (Prohibition) Act, 2010 wherein the term 'Land Grabber' has been defined. It has also been submitted by the learned counsel for Petitioner that a perusal of the said Sec. would clearly go to show that the person who have title or ownership or physical possession over the land cannot be held to be a land grabber and therefore, the entire proceedings initiated by the Respondents herein is totally misconceived. The learned counsel for the Petitioner further submitted that the Court below having failed to take into account the said aspect of the matter that the impugned judgment and order dtd. 30/3/2021 passed in T.S. (L/G) Case No. 22/2015 by the learned Presiding Officer, Special Tribunal (Land Grabbing), Dhubri is liable to be set aside and quashed.