KHANINDRA DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr K Bhuyan, learned counsel appearing for petitioners and also heard Mr B Sarma, learned Additional Public Prosecutor appearing for the State of Assam/respondent No. 1 and Mr A Iqbal, learned counsel for the respondent no. 2, respectively.

(2.) This is an application filed under Sec. 528 of the BNSS-2023 with prayers to quash the proceedings of Special Land Grabbing Case No.12 of 2023 pending before the Learned Special Tribunal, Kamrup, at Amin Gaon. The petitioners are the respondents in the aforesaid case and the respondents herein are the applicant in that case.

(3.) The case as projected in the aforesaid land grabbing case is that one Sumitra Barua and after her death, her legal heirs namely Nalini Barua, Padmini Barua and Vandana Barua were the owners of the entire land measuring 35 bigha, 3 katha, and 6 lecha, covered by Dag No. 495, 453, 494, 479, 480, 486, and 489 of Patta No. 245 in village Abhaipur, Moza Sila Sindhuri Ghopa under North Guwahati Revenue Circle, Kamrup Assam. The land covered by the said Dag No. 489, which is the land involved in the present case, was possessed as well as cultivated by various ryots. The said Nalini Barua, Padmini Barua and Vandana Barua, through their registered lawful attorney, instituted civil suits with prayers, among others, for eviction as well as recovery of possessory rights against the ryots. The title suits were initially contested by the said ryots, and thereafter, both the suits were decreed on compromise by order dtd. 12/5/2016. The said Nalini Barua, Padmini Barua and Vandana Barua, through their registered lawful attorney thereafter gifted the suit land along with some other land through a registered gift deed bearing No. 965 of 2019 executed on 20-032019 to the applicant in the Special L.G. case and handed over the possession of the entire land, including the suit land, as mentioned in the said gift deed to the applicant, and the applicant also accepted the same with physical possession. The applicant in the Special Land Grabbing Case is the respondent in this petition.