Disputes regarding land possession should be decided by a competent Civil Court. Inaction of the authorities in progressing the proceeding under Section 145 of the Cr.P.C. can be addressed by directing the relevant authorities to take necessary action.

JUDGMENT :

The case of the Petitioner herein is that the Petitioner is the owner of a plot of land measuring 3 1/2 bighas covered by Dag No. 350 of annual patta No. 79 under Borjan Mouza of Diphu Revenue Circle adjacent to the boundary wall of the CRPF. The Petitioner was issued the annual patta on 16.05.2015. Thereupon the Petitioner constructed a few hutments over the land which were let out to 25 families. The Petitioner had also planted various trees over the said land. It is the case of the Petitioner that on 09.02.2022, the Respondent No. 8 alongwith some accomplice had dismantled the hutments built by the Petitioner over the plot of land covered by Dag No. 350 of annual patta No. 79 and drove out all the tenants of the Petitioner and had been intimidating them. It is under such circumstances, the Petitioner had initiated a proceeding under Section 145 of the Code of Criminal Procedure, 1973 before the Additional District Magistrate, Bokajan on 10.02.2022.

2. It further appears from the records that the Additional District Magistrate, Bokajan thereupon had directed the Officer-in-Charge, Khatkhati Police Station to submit a report. The Petitioner had also approached the Forest Department regarding illegal felling of trees by the Respondent No. 8 and further making a request to the Joint Secretary Revenue Department, Karbi Anglong Autonomous Council, Diphu to make a demarcation with the help of Mandal on 14.02.2022. It is on the ground that no steps were taken for demarcation, the instant writ petition was filed praying interallia that an enquiry be made under the supervision of an Officer above the rank of the Officer-in-Charge of Khatkhati Police Station to protect the Petitioner’s rights in respect to the land in question as well as also for a direction to demarcate the land of the Petitioner covered by Dag No. 350 of annual patta No. 79 under Borjan Mouza of Diphu Revenue Circle.

3. It reveals from the records that this Court had issued notice on 16.03.2022. An affidavit-in-opposition has been filed by the Respondent No. 8 stating inter-alia that the Respondent No. 8 is the owner and possessor of two adjacent plots of lands measuring 7 bighas 3 lechas covered by Dag No.191 of Periodic Patta No. 97 and another plot of land measuring 4 kathas 12 lechas covered by Dag No. 194 of Periodic Patta No. 52 both in Revenue Village Khatkhati Bongrung Block No. 1 under Mouza Borjan in the district of Karbi Anglong, Assam. It is the stand taken by the Respondent No.8 that to the north of the land of the Respondent No. 8 in Dag No. 191 is the land of Dag No. 350 which is a plot of land measuring 3 bighas 1 katha 10 lechas and is a Government land as could be seen from the Chitha which was certified by the Assistant Settlement Officer, Diphu Circle Office, Karbi Anglong Autonomous Council on 26.04.2022.

4. It is the case of the Respondent No. 8 that the Petitioner on the other hand had encroached upon a portion of the Respondent No. 8’s land in Dag No. 191 and as such the Respondent No. 8 had requested the Assistant Settlement Officer, Diphu Circle Office for demarcation of his land vide an application dated 24.09.2021. Thereupon the Assistant Revenue Officer had made a demarcation pursuant to demarcation notice being issue on 30.09.2021 and the complete land under Dag No. 191 had been demarcated by the Revenue Authority of the Karbi Anglong Autonomous Council by erecting concrete post on the boundary of the Respondent No. 8’s land. It was the further stand taken by the Respondent No. 8 that the Petitioner again encroached upon the Respondent No. 8’s land covered by Dag No. 191 for which the Respondent No. 8 had again submitted yet another application before the Chief Executive Officer, Karbi Anglong Autonomous Council, whereupon the Joint Secretary/Deputy Secretary, Department of Revenue had directed the Assistant Settlement Officer, Diphu Circle Office to submit a report vide letter dated 30.03.2022. It has further been mentioned that