JUDGMENT :

Kalyan Rai Surana, J.

1. Heard Mr. B. Dutta, learned counsel for the petitioner. Also heard Mr. T. Islam, learned counsel appearing for respondents no. 1 and 2 and Mr. C.K.S. Barua, learned Govt. advocate appearing for the State respondent nos. 3, 4 & 5.

2. By this application under Article 227 of the Constitution of India, the petitioners have assailed the order dated 23.09.2019 passed by the learned Special Tribunal, Tinsukia constituted under the Assam Land Grabbing (Prohibition) Act. 2010 in Misc. (J) Case No. 23/2019 in L.G Case No. 4/2019. In this application, the petitioners have also prayed for quashing of the proceedings of L.G Case No. 4/2019 pending before the said learned Tribunal. It is submitted that the Appellate Tribunal as provided under the said Act has not been constituted, as such, the petitioners having no other alternative, has approached this Court.

3. The respondents are the complainant in L.G. Case No. 4/2019, filed before the learned Special Tribunal on 24.06.2018. In the said application, allegation of land grabbing was made against the petitioners herein in respect of a plot of land measuring 3B-0K-17L, which is covered by a part of dag no. 147 and 20 of Tea Patta No. 1, Grant No. 114 of Village- Tongana Gaon, Mouza-Saikhowa, in the district of Tinsukia, morefully described in column no. 9 of the said complaint and hereinafter referred to as the "schedule land". It was projected that the petitioners possessed the schedule land for last 70-80 years since the days of their forefathers. It was alleged that the petitioner no. 2 along with his staff and associates had illegally entered into a part of the schedule land of the petitioners by employing JCB, dumpers, etc., as such, they had filed FIR before the concerned police, who registered (i) Tongana P.S. Case No. 9/2019 under Section 447/323/379/506/34 IPC, and (ii) Tongana P.S. Case No. 13/2019 under Section 447/325/294/506/34 IPC. It was further projected that by letter dated 25.2.2019, the Circle Officer, Doomdooma had requested the Deputy Commissioner, Tinsukia for granting patta to the occupants of Grant No. 114 under Tongana Gaon. A statement was made to the effect that the respondents had filed a petition before the Executive Magistrate, Tinsukia, but the interim order initially granted was vacated by the learned Sessions Court, Tinsukia.

4. Along with the said application, an in-j unction application was filed under Order XXXIX Rules 1 and 2 read with Section 151 CPC, which was registered as Misc. (J) Case No. 23/2019, wherein the respondents had prayed for ad interim injunction to restrain the petitioners from raising any construction on the schedule land and from transferring, alienating or disposing of the schedule land. The petitioners had contested the said petition by filing their written objection and by the order dated 23.09.2019, ad interim injunction as prayed for was made absolute till the disposal of the L.G Case No. 4/2019. The said order is impugned in this application.

5. The learned counsel for the petitioner has submitted that the schedule land stands in the name of Tongana Tea Estate, and that its lawful owner had assigned its rights in favour of the petitioner no. 1 and, as such, the petitioner no. 1 had acquired all the right, interest etc. in respect of all the land of the said Tongonagaon Tea Estate. It is submitted that under corporate social responsibility and as per the guidelines of World Trade Union Organization, the petitioner no. 1 had set up a Fair Trade Welfare Trust and as a part of the community development scheme, the said trust had taken a decision on 27.03.2017 to construct a community market. Thereafter, in the annual general meeting of the said trust held on 17.02.2018, a budget of Rs. 12.00 lakh was allocated for construction of the said community market on the basis of lay out plan dated 08.01.2018 prepared by a registered designer. Thereafter, on 01.02.2019, in the presence of the Tea Estate workers