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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
RAJESH MAZUMDAR
Khanindra Deka S/o Shri Bhumidhar Deka – Appellant
Versus
State of Assam – Respondent
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 Baru
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.
The proceedings under the Assam Land (Grabbing) Act are specialized to expedite resolution of land disputes, and judicial interference is unwarranted at interlocutory stages.
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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