MUSLIMA BEGUM LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr M J Quadir, learned counsel for the petitioners and Ms M Bhattacharjee, learned Government Advocate, Assam.

(2.) Having regard to the grievance expressed by the petitioner and the order that is proposed to be passed, Court is of the view that issuance of formal notice is considered not necessary as the case may be disposed of at the motion stage itself.

(3.) Grievance of the petitioner is that she is the owner of a plot of land measuring 4 bighas 16 kathas covered by Dag No. 72 and 73, 73/768 and 73/770 of second R S Patta No. 25 under Barakpur pargona, Mouza- Dakhin Krishnapur within Silchar Sadar Police Station in the district of Cachar. Alleging that the 16 accused persons by use of force had grabbed her valuable property, she had lodged a complaint before the Chief Judicial Magistrate, Cachar at Silchar, whereafter it was referred to the Silchar Police Station, following which Silchar P S Case No. 3879 of 2018 was registered under Sections 188/447/323/352/354/392/506/34 IPC, read with Sections 4/5 of the Assam Land Grabbing Prohibition Act, 2010. Petitioner has also instituted Title Suit No. 154/2018 which is stated to be pending in the Court of Civil Judge No. 2, Cachar at Silchar for declaration of her right, title and interest and confirmation of possession over the said land.