Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/470/2024 SANKAR DUTTA S/O LATE BOLORAM DUTTA, R/O PANIGAON, I.T.I. COLONY, MOUJA TOWN, P.S.- NAGAON SADAR, DIST- NAGAON, ASSAM VERSUS SMTI. BANTI HAZARIKA BORA W/O JAJNA RAM BORA, R/O KRISHNANAGAR, LAUKHUWA ROAD, MOUJA NIZSAHAR, P.S.-NAGAON SADAR, DIST- NAGAON, ASSAM For the petitioner (s) : Mr. T. U. Laskar, Advocate
For the respondent (s) : XXX
BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R
05.02.2025 Heard Mr. T. U. Laskar, the learned counsel appearing on behalf of the petitioner.
2. This is an application under Article 227 of the Constitution challenging the order dated 18.01.2024 passed by the learned Court of the Additional Sessions Judge No.2, Nagaon in Misc.(J) Case No.9/2023 arising out of Special L.G. Case No.15/2021.
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3. This Court has duly perused the order dated 18.01.2024 whereby the learned Court below had passed an order of injunction thereby directing the petitioner herein from carrying out any construction in the disputed land.
4. This Court has duly enquired with the learned counsel appearing on behalf of the petitioner as to whether the said proceedings being Special L.G. Case No.15/2021 is presently ongoing. The learned counsel for the petitioner submitted presently, the Special L.G. Case No.15/2021 is pending before the Court below.
5. Under such circumstances, this Court does not find any ground to interfere with the order dated 18.01.2024 passed by the learned Court of the Additional Sessions Judge, No.2, Nagaon in Misc.(J) Case No.9/2023 arising out of Special L.G. Case No.15/2021 in the present facts of the case, and more so, in exercise of jurisdiction under Article 227 of the Constitution for which the instant petition stands dismissed.
JUDGE Comparing Assistant