PABITRA BORO Vs. SABITRI NATH

JUDGEMENT

(1.) Heard Mr. B. D. Deka, the learned counsel appearing on behalf of the petitioners and Mr. M. Talukdar, the learned counsel appearing on behalf of the respondent.

(2.) This is an application filed under Article 227 of the Constitution of India assailing the judgment dtd. 7/9/2021 passed by the learned Presiding Officer, Special Tribunal, Kamrup (M) under Assam Land Grabbing (Prohibition) Act, 2010 (for short the "Act of 2010") in L.G. Case No.17/2015.

(3.) At the outset, it is relevant to take note of that against the judgment and decree passed in a proceedings under the Act of 2010, an appeal lies before a Special Court on any question of law or fact under Sec. 13 of the Act of 2010. Sec. 13(2) of the Act of 2010 provides, separate appeal against the respective judgment and order of the Special Tribunal passed in respect of the civil proceedings as well as in criminal proceedings respectively and the period of limitation is 60 days from the respective date of judgment and order passed in each of the said proceedings. However as on date, as admitted in bar, there is no Special Court constituted in terms with Sec. 14 of the Act of 2010 and under such circumstances the instant application has been filed under Article 227 of the Constitution of India.