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GAHC010285502025

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THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : Crl.Pet./1627/2025

SRI MINTU GOGOI

S/O LATE GOPAL GOGOI

RESIDENT OF VILL- KUKURJAN GAON, MOUZA- GOHPUR, P.O. GOHPUR,

P.S. GOHPUR, DIST. BISWANATH, PIN-784168, ASSAM, PH. 7896194838

VERSUS

THE STATE OF ASSAM AND 11 ORS.

REPRESENTED BY THE PP, GOVT. OF ASSAM

2:SRI GOPAL SAHU

S/O LATE RAJBIHARI SAHU

3:SRI RADHESYAM SAHU

S/O LATE RAJBIHARI SAHU

4:SRI DURGA SAHU

S/OLATE KOLAP CHAN SAHU

5:SRI JAGADISH SAHU

S/O LATE GOLAP CHAN SAHU

6:SRI AMRIT LAL SAHU

S/O LATE GOLAP CHAN SAHU

7:SRI CHANDRA SAHU

S/OLATE GOLAP CHAN SAHU

8:SRI NANDA SAHU

S/O LATE SIVA CHAN SAHU

9:SRI KISHOR SAHU

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S/O LATE SIVA CHAN SAHU

10:SRI PRABITA SAHU

S/OLATE SIVA CHAN SAHU

11:SRI ANUIP SAHU

S/O LATE BIJAY SAHU

12:SRI PRANAY SAHU

S/OLATE KICHAN SAHU

ALL ARE RESIDENT OF VILL- GOHPUR

P.O. GOHPUR

PIN- 78168

MOUZA- GOHPUR

DIST. BISWANATH

ASSA

Advocate for the Petitioner : MR. I H SAIKIA, MR. K KALITA,MR. L M RAHMAN

Advocate for the Respondent : PP, ASSAM,

BEFORE

HONOURABLE MR. JUSTICE ANJAN MONI KALITA

ORDER

19.12.2025

Heard Mr. I. H. Saikia, learned counsel appearing for the petitioner

and Mr. P. Borthakur, learned Addl. PP appearing for the State.

2. This is an application under Section 528 of the BNSS, 2023 for

quashing and setting aside of the order dated 14.10.2025 passed by the

Executive Magistrate, Gohpur in Misc. Case No. 13/2025 along with all

subsequent proceedings arising therefrom in the said Misc. Case

No.13/2025 under Sections 126/164 of the BNSS, 2023.

3. The case of the petitioner is that the petitioner is the rightful owner of

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a plot of land situated at Gohpur which the petitioner claimed to have

inherited from his grandfather. On the demise of his grandfather when the

petitioner went for mutation, it was found that the land has already been

mutated in the name of the private respondents. Being aggrieved, the

petitioner approached the learned Deputy Commissioner and on hearing,

the Deputy Commissioner passed the order dated 14.07.2025 in Case No.

BLS-19/2023/60 held that the respondents/ opposite parties lacked any

valid documents to substantiate their claims and therefore, the mutation in

their name was cancelled. Thereafter, the land was mutated in the name

of the petitioner and his brothers.

4. The private respondents being aggrieved of the order of the Deputy

Commissioner filed a Civil Suit being Title Suit No. 11/2025 along with

Misc. (J) Case No. 25/2025 before the learned Civil Judge (Senior

Division), Gohpur, wherein the matter is still pending without any interim

order. Thereafter, the private respondents filed a Land Grabbing Case No.

1/2017 before the learned Addl. District and Sessions Judge, Biswanath

Chariali (acting as Special Tribunal under the Assam Land Grabbing

(Prohibition) Act, 2010) against the uncle and brothers of the petitioner.

However, no interim order was passed in the aforesaid Grabbing case,

though notice was issued in the case. Being aggrieved by non passing of

any interim order, the private respondents filed a CRP (IO) No. 122/2019

before the Hon’ble Gauhati High Court. The aforesaid CRP (I.O.) 122/2019

was disposed of by the Hon’ble Gauhati High Court vide order dated

07.06.2024, wherein, it was directed as below:-

“Be that as it may, this Court is of the opinion that the impugned order being of

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the year, 2018 and there being an order of status quo passed by this Court in

the year, 2019 which is in operation till date, interest of justice, would be served

best, if the matter is remanded back for a decision to be taken on the merits of

the case. Accordingly, the petition is closed by remanding the matter to the

learned Court of the Addl. District and Sessions Judge (Acting) as the Special

Tribunal, Biswanath Distri”

“It is however made clear that the order of status quo passed by this Court on

04.05.2019 which is continuing would remain in force till final disposal of the

proceeding institu