Page No.# 1/3 GAHC010142802023 2025:GAU-AS:662 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/201/2023 DILBAR MOLLAH S/O LATE KAMAL UDDIN MOLLAH, R/O VILL-FALIMARI PT I, (NEAR POLICE CHECK GATE OF G.T.B. ROAD, DHUBRI), P.O., P.S. AND DIST- DHUBRI, ASSAM, PIN- VERSUS JAKIR HUSSAIN MANDAL S/O LATE KADER HUSSAIN MANDAL, R/O STATION ROAD, WARD NO-9, DHUBRI, P.O.-BIDYAPARA, P.S. AND DIST- DHUBRI, ASSAM, PIN-783324 For the Petitioner(s) : Mr. J. Mollah, Advocate : Mr. S. Nath, Advocate For the Respondent(s) : Mr. S. Chauhan, Advocate BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH ORDER Date : 22.01.2025 Heard Mr. J. Mollah, the learned counsel appearing on behalf of the Petitioner and Mr. S. Chauhan, the learned counsel appearing on behalf of the Respondent. 2. The instant petition has been filed invoking the supervisory Page No.# 2/3 jurisdiction under Article 227 of the Constitution challenging the order dated 13.06.2023 passed in T.S.(L/G) Case No.27/2013 whereby a petition being Petition No.751 filed by one Jakir Hussain Mondal for police assistance to carry out the order dated 19.01.2023 through the Circle Officer, Dhubri was allowed. 3. The sole ground on which the Petitioner has assailed the impugned order dated 13.06.2023 is that the Petitioner had filed an application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (for short ‘the Code’) for rejection of the complaint. The learned counsel for the Petitioner submitted that vide an order dated 28.02.2023, the learned Court below had observed that the Petition No.751 which was disposed of vide order dated 13.06.2023 would be taken up subsequent to the disposal of Petition No.715 which was the application under Order VII Rule 11 of the Code for rejection of the complaint. He therefore submitted that the learned Court below ought not to have passed the order dated 13.06.2023 without disposal of the Petition No.715. 4. This Court has duly perused the order dated 13.06.2023 by which the learned Court below had only sought for a report from the Circle Officer, Dhubri and in that regard, had directed the Circle Officer, Dhubri as well as the OC of Dhubri Police Station to provide adequate security for carrying out the field verification. Calling for the said report from the Circle Officer, Dhubri vide the impugned order dated 13.06.2023 in the opinion of this Court requires no interference under Article 227 of the Constitution inasmuch as the same have been done in order to ascertain as to who was in possession of the land. Under such circumstances, this Court is not inclined to interfere with the order dated 13.06.2023 passed Page No.# 3/3 in T.S.(L/G) Case No.27/2013 by the Court of the learned Additional District Judge, Dhubri. 5. Be that as it may, it is very pertinent to take note of the submission of the learned counsel for the Petitioner that the application under Order VII Rule 11 of the Code which has been registered as Petition No.715 is still pending. It is the opinion of this Court that the said application requires to be disposed of at the earliest. 6. Accordingly, without interfering with the order dated 13.06.2023 which was impugned in the instant proceedings, this Court directs the learned Additional District Judge, Dhubri to dispose of the said application filed under Order VII Rule 11 of the Code being Petition No.715 at the earliest and preferably within 1 (one) month from the date of appearance of both the parties before the learned Court of the Additional District Judge, Dhubri in T.S.(L/G) Case No.27/2013. 7. The parties are directed to appear before the Court of the learned Additional District Judge, Dhubri on 12.02.2025. 8. With above observation and direction, the instant petition stands disposed of. 9. Interim order passed earlier stands vacated. JUDGE Comparing Assistant