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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
RAJESH MAZUMDAR
Khanindra Deka S/o Shri Bhumidhar Deka – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. ownership and possession disputes in land grabbing case. (Para 2 , 3 , 4 , 5) |
| 2. claims of prior ownership and land boundary disputes. (Para 6 , 7) |
| 3. progression and adjournments in land grabbing case. (Para 8) |
| 4. arguments regarding interference in tribunal proceedings. (Para 9 , 10) |
| 5. precedents on land grabbing law and tribunal procedures. (Para 11 , 12 , 13 , 14 , 15) |
| 6. principles governing land grabbing proceedings and jurisdiction. (Para 16 , 17) |
| 7. dismissal of the criminal petition and continuation of tribunal proceedings. (Para 18 , 19) |
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 proj
The proceedings under the Assam Land (Grabbing) Act are specialized to expedite resolution of land disputes, and judicial interference is unwarranted at interlocutory stages.
Interference in ongoing land grabbing proceedings is premature; the Special Tribunal must follow due process per the Assam Land Grabbing Act to address claims of unlawful land occupation.
Possession without lawful entitlement constitutes land grabbing; mere long-term possession does not confer legal title under the Assam Land Grabbing Act, 2010.
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