ABDUL KAYUM BARBHUIYA Vs. EAKBAL HUSSAIN CHOUDHURY

JUDGEMENT

(1.) Heard Mr. P.K. Deka, learned counsel for the petitioner. Also heard Mr. P. Kataki, learned counsel for the respondents.

(2.) The petitioner Abdul Kayum Barbhuiya has filed an application u/s 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) read with Article 227 of the Constitution of India for quashing and setting aside the order dtd. 27/1/2023 passed by the learned Sessions Judge, Cachar, Silchar in Criminal Revision Case No. 22/2023.

(3.) The petitioner has submitted that he and his brother Asaddar Ali Barbhuiya are joint owners of the disputed land (D/L for short) in question, admeasuring 1 Bigha 16 Kathas and 6 Chattaks appertaining to 2 nd R.S. Patta No. 46, Dag No. 286 at Porgana Gumra, Mouza- Kalain Pt-VII, in the Dist.-Cachar. Vide registered Sale Deed No. 802 dtd. 5/5/2011 the petitioner and his brother became the owners of the D/L and they have been in possession of the same, without any hindrance from any corner and they have also constructed a pucca house (concrete house). In the year 2016, they obtained an NOC from the concerned Gaon Panchayat for setting of a Weigh Bridge in the name and style of M/s. KBI Weigh Bridge over the D/L and another NOC was obtained for electricity connection. The Weigh Bridge was set- up in the year 2017 and the electricity connection was also acquired at the same time. However, in the year 2022, the Weigh Bridge was shifted from D/L to a nearby location, but the concrete structure of the Weigh Bridge is still lying in the D/L.