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2020 Supreme(Gau) 718

KALYAN RAI SURANA
Tongonagaon Tea Co. Ltd. – Appellant
Versus
Uttam Das – Respondent


Advocates Appeared:
For the Appellant :B. Dutta and S. Deka, Advocates
For the Respondents:T. Islam, Advocate and C.K.S. Barua, GA

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 an

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