Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/4 GAHC010220062024
2025:GAU-AS:3769
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP(IO)/430/2024 DURGA THAKUR AND 3 ORS S/O LATE UMA SHANKAR THAKUR RESIDENT OF TINAILI ,TINSUKIA COLLEGE ROAD, PS AND DIST TINSUKIA, ASSAM 2: SRI SHIV KUMAR THAKUR S/O LATE UMA SHANKAR THAKUR RESIDENT OF TINAILI TINSUKIA COLLEGE ROAD PS AND DIST TINSUKIA ASSAM 3: SRI RAM KUMAR THAKUR S/O LATE UMA SHANKAR THAKUR RESIDENT OF TINAILI TINSUKIA COLLEGE ROAD PS AND DIST TINSUKIA ASSAM 4: SRI MANTOO THAKUR S/O SRI DURGA THAKUR
RESIDENT OF TINAILI TINSUKIA COLLEGE ROAD PS AND DIST TINSUKIA ASSA VERSUS GUDIYA RANI AND 5 ORS D/O LATE BABAN PRASAD RESIDENT OF TEZU, NEAR WATER PUMP, PO AND PS TEZU, DIST LOHIT, ARUNACHAL PRADESH 2:SMTI SUNITA DEVI
Page No.# 2/4 W/O LATE BABAN PRASAD 3:SMTI POONAM DEVI D/O LATE BABAN PRASAD
W/O SRI SHREE PRAKASH 4:SRI DILEEP KUMAR THAKUR S/O LATE BABAN PRASAD 5:SMTI. K. M REKHA D/O LATE BABAN PRASAD
W/O SRI BIKASH SHARMA 6:MISS ANKITA SHARMA D/O LATE BABAN PRASAD
ALL ARE PERMANENT RESIDENT OF KHARASARA PETITIONERS PO KHARASARA PS KHEJURI DIST BALLA UTTAR PRADESH. RES. 2 TO 6 WILL BE REP. BY RES. NO. Advocate for the petitioner(s): Mr. SB Prasad
Advocate for the respondent(s): Mr. AK Gupta
B E F O R E HON’BLE MR. JUSTICE DEVASHIS BARUAH
ORDER 28.03.2025
Heard Mr. SB Prasad, the learned counsel appearing on behalf of the
Page No.# 3/4 petitioners. Mr. AK Gupta, the learned counsel appears on behalf of the respondents. 2. The present proceedings under Article 227 of the Constitution has been filed challenging an order dated 30.09.2024 passed by the learned Additional District Judge, Tinsukia in Misc.(J) Case No.24/2024 arising out of Land Grabbing Case No.12/2024 under the Assam Land Grabbing (Prohibition) Act,
2010. This Court had duly taken note of the impugned order dated 30.09.2024 which is an ex-parte ad interim injunction order. It is also relevant to observe that the injunction application being Misc.(J).Case No.24/2024 is still pending before the Court of the learned Additional District Judge, Tinsukia. 3. Taking into account that there is already an injunction proceedings pending before the learned Additional District Judge, Tinsukia, it would not be proper on the part of this Court to maintain a parallel injunction proceedings. 4.
This Court further takes note of that vide an order dated 28.10.2024, the impugned order dated 30.09.2024 was stayed. 5. Taking into account that injunction proceedings is pending, this Court directs that the order dated 28.10.2024 staying the impugned order dated 30.09.2024 passed in Misc.(J) Case No.24/2024 shall continue till the disposal of the Misc.(J)Case No.24/2024. 6. It is submitted by both the learned counsels appearing on behalf of the parties that in view of the present proceedings, the Court of the learned Additional District Judge, Tinsukia had not further fixed any date in Misc.(J) Case No.24/2024. Mr. AK Gupta, the learned counsel appearing on behalf of the respondents who is the complainant in the said Land Grabbing proceedings submits that there is an urgency in the matter. Page No.# 4/4
7. Taking into account the above, this Court directs both the parties to appear on 09.04.2025 before the Court of the learned Additional District Judge, Tinsukia. On the said date, the Court of the learned Additional District Judge, Tinsukia shall fix a date for hearing of the injunction proceedings taking into account the business of the Court and dispose of the said injunction proceedings being Misc.(J) Case No.24/2024 as expeditiously as possible and preferably within 1(one) month from 09.04.2025. 8. As already observed above, the order dated 30.09.2024 passed in Misc.(J) Case No.24/2024 shall remain stayed till the disposal of the Misc.(J) Case No.24/2024. 9. With the above, the instant revision petition stands disposed of. JUDGE Comparing Assistant