ORDER

01.03.2021.

Heard Mr. M. J. Quadir, the learned counsel for the petitioners. Also heard Mr. F. Z.

Mazumder, the learned counsel for the private respondent No. 5, Ms. D. D. Barman, the learned Additional Senior Government Advocate, Assam for the respondent Nos. 2, 3 and 4 and Ms. P. S. Deka, the learned Standing Counsel for the Revenue Department, Assam appearing for the respondent No. 1.

The petitioner No. 1 filed Title Suit No. 193/2019 before the court of learned Civil Judge, No. 1, Cachar at Silchar seeking for declaration of right, title and interest including cancellation of a registered sale deed on the basis of which the defendants therein the said suit claimed their right, title and interest over the disputed land covered by Dag No. 72, 73, 73/768, 73/770 of 2nd R. S. Patta No. 25 under Dag No. 92 of Patta No. 34 and under Dag No. 93 Patta No. 35 covering an area of 7 Bighas 3 Katha 5 Chottak 11 Gonda of village Barakpar, Mouza- Dakshin Krishnapur in the district of Cachar, Silchar. The private respondent is not a party in the said suit. The petitioner No. 2 also filed another Title Suit No. 154/2018 before the learned Civil Judge No. 1, Cachar, Silchar in respect of land measuring 4 Bigha 16 Katha under the same Dag and Patta Nos. as mentioned in Title Suit No. 193/2019. In one of the Misc. Case No. 102/2018 arising out of Title Suit No. 154/2018 before the learned Civil Judge No. 2, Cachar, Silchar, the opposite parties/ defendants in the said suit were restrained from interfering with the peaceful possession of the petitioner No. 1 and 2 by way of an order dated 27.02.2019 under Order XXXIX Rule 1 and 2 read with Section 151 of the CPC. The petitioner No. 2 lodged Silchar PS Case No. 3879/2018 which was registered under Sections 188/447/323/352/354/392/506/34 IPC read with Sections 4/5 of the Assam Land Grabbing Prohibition Act, 2010. As the police did not act on the basis of the said Silchar PS Case No. 3879/2018, the petitioner No. 2 filed WP(C)/2161/2019 which was disposed of on 01.04.2019 passing the following directions:-

“8. In view of above, Superintendent of Police, Cachar at Silchar, shall forthwith transfer the case record of Silchar P.S. Case No. 3879 of 2018 to be District and Sessions Judge, Cachar at Silchar, who shall, thereafter, assign the case before the Special Tribunal, Cachar at Silchar for expeditious investigation and trial. District and Sessions Judge, Cachar at Silchar shall also transfer the civil suit. i.e. Title Suit No. 154 of 2018 stated to be pending before the Civil Judge No. 2, Cachar at Silchar to the Special Tribunal”.

In view of the said direction L.G. Case No. 26/2019 was initiated by the Special Tribunal at Silchar wherein the parties to the suit entered appearance. The private respondent No. 5 applied for sale permission in respect of a portion of the land which is the subject matter in the Land Grabbing Case. Land Transfer Case No. LT. 29/2019 was registered upon an objection raised by one Gamal Md. Naguib who is also one of the prospective purchasers of a portion of land being the subject matter of the Land Grabbing Case. On the basis of the said objection notice was issued by the Additional Deputy Commissioner, Cachar at Silchar vide order dated 21.06.2019. It would be pertinent to mention here that vide order dated 21.06.2019, a direction was issued to the Assistant Settlement Officer, Sadar, Silchar not to issue any fresh report till disposal of the objection raised by the Gamal Md. Naguib. The Assistant Settlement Officer, Sadar, Silchar submitted a report to the learned CJM, Cachar at Silchar in Silchar P.S. Case No. 3879/18 referred hereinabove wherein it was opined that the petitioner No. 2 purchased the disputed land on the basis of sale deeds.

In view of the said opinion of the Assistant Settlement Officer, Sadar, Silchar the petitioners also impleaded themselves in LT Case No. 29/19 raising objection against the application for sale permission by the private respond