JUDGEMENT AND ORDER :

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 dated 07.09.2021 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 Section 13 of the Act of 2010. Section 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 Section 14 of the Act of 2010 and under such circumstances the instant application has been filed under Article 227 of the Constitution of India.

4. Taking into account that as there is no appellate forum constituted and the instant application has been filed under Article 227 of the Constitution thereby invoking the Superintending Powers of this Court, this Court vide an order dated 15.11.2021 admitted the instant application on the following question:

“Whether in the facts of the instant case, the provisions of Assam Land Grabbing (Prohibition) Act, 2010 is applicable taking into consideration the fact that the petitioners were in settled position of the land ?”

5. To appreciate the question so framed, it would be relevant to take note of the brief facts of the instant case. For the purpose of convenience, the parties herein are referred to as in the same status as they stood before the Tribunal below. The respondent herein as applicant had filed an application under Section 8(2) of the Act of 2010 against four respondents out of which the respondent Nos. 2, 3 and 4 are the petitioners before this Court.

6. The case of the applicant is that the husband of the applicant purchased from one Kanailal Sikaria through registered Sale Deed No.7089 dated 06.10.1972 a plot of land measuring 33 Bighas 17 Lechas and the same was mutated in the name of her husband late Bhuban Nath. It is the further case of the applicant that after acquiring the ownership, the applicant’s husband took over the possession of the land in the year 1972 itself. During the lifetime of her husband in the month of February, 2009, the respondents tried to occupy the plot of land but could not succeed to do so. Thereafter, upon the expiry of her husband on 25.06.2013, the applicant being a widow and helpless woman, the respondents encroached upon the land of the applicant and started constructing temporary houses and thereafter permanent structures etc. upon the disputed land. The applicant tried her best to persuade the respondents not to do so but the respondents refused to vacate the possession or stop construction over the disputed plots of land. Under such circumstances, the applicant filed the application under Section 8(2) of the Act of 2010. The said application so filed was registered and numbered as L.G. Case No.17/2015.

7. The Court of the Additional District and Sessions Judge No.1 which have been designated as Special Tribunal, Kamrup (M) at Guwahati vide an order dated 10.09.2015 issued notice upon the Circle Officer, Dispur Revenue Circle for inspection and verification of a plot of land measuring 2 Bigha 1 Katha covered by Dag No. 1484, 1485, 1487 and 1486 of Patta No.712, Village No.2, Maidam under Beltola Mouza in the District of Kamrup (M), Assam and to submit a full and complete report within 3 (three) weeks from the date