The proceedings under the Assam Land (Grabbing) Act are specialized to expedite resolution of land disputes, and judicial interference is unwarranted at interlocutory stages.

JUDGMENT :

RAJESH MAZUMDAR, J.

1. Heard Mr K Bhuyan, learned counsel appearing for petitioners and also heard Mr B Sarma, learned Additional Public Prosecutor appearing for the State of Assam/respondent No. 1 and Mr A Iqbal, learned counsel for the respondent no. 2, respectively.

2. This is an application filed under Section 528 of the BNSS -2023 with prayers to quash the proceedings of Special Land Grabbing Case No. 12 of 2023 pending before the Learned Special Tribunal, Kamrup, at Amin Gaon. The petitioners are the respondents in the aforesaid case and the respondents herein are the applicant in that case.

3. The case as projected in the aforesaid land grabbing case is that one Sumitra Barua and after her death, her legal heirs namely Nalini Barua, Padmini Barua and Vandana Barua were the owners of the entire land measuring 35 bigha, 3 katha, and 6 lecha, covered by Dag No. 495, 453, 494, 479, 480, 486, and 489 of Patta No. 245 in village Abhaipur, Moza Sila Sindhuri Ghopa under North Guwahati Revenue Circle, Kamrup Assam. The land covered by the said Dag No. 489, which is the land involved in the present case, was possessed as well as cultivated by various ryots. The said Nalini Barua, Padmini Barua and Vandana Barua, through their registered lawful attorney, instituted civil suits with prayers, among others, for eviction as well as recovery of possessory rights against the ryots. The title suits were initially contested by the said ryots, and thereafter, both the suits were decreed on compromise by order dated 12-05- 2016. The said Nalini Barua, Padmini Barua and Vandana Barua, through their registered lawful attorney thereafter gifted the suit land along with some other land through a registered gift deed bearing No. 965 of 2019 executed on 20-03- 2019 to the applicant in the Special L.G. case and handed over the possession of the entire land, including the suit land, as mentioned in the said gift deed to the applicant, and the applicant also accepted the same with physical possession. The applicant in the Special Land Grabbing Case is the respondent in this petition.

4. Thereafter, being satisfied with the clear physical possession as well as title of the applicant, the office of the Revenue Circle, North Guwahati, had granted partition in the name of the applicant in his entire land. Accordingly, new Dag number and Patta numbers were issued in the name of the applicant in respect of the suit land, which now are referred to as Dag number 1579 (new) and Patta number 1357 (new). This was done through an order dated 09-02-2022 passed in mutual partition case.

5. It was the case of the applicant in the land-grabbing case, that in the year 2023, when the applicant decided to erect permanent boundary wall in the said suit land and thereafter also when the applicant had tried to enter the suit land, the respondents therein, who are the petitioners in this petition, had threatened him of dire consequences if he tried to enter the land. It was the further case of the applicant therein/respondent no 2 herein that the respondents therein/petitioners herein had occupied the said land along with the incomplete Assam-type house without any lawful entitlement. It was thus alleged that the respondents therein had forcibly grabbed the valuable land of the applicant and have created nuisance, atrocities, damages and threatened to finish the life and the property of the applicant if the