Ranju Mallik and 7 Ors v. The State of Assam and 5 Ors

O R D E R

12.01.2024. Page No.# 3/4 The instant Writ Petition is taken up for disposal at the motion stage itself.

(2) From perusal of the instant Writ Petition, it reveals that there is a private dispute pending in respect to the land in question between the petitioners and the respondent No.6. It is also seen from the records that a suit has also been filed being Title Suit No.103/2022, before the Court of the Munsiff, Kamrup (Metro) at Guwahati and presently pending before the Court of the Munsiff No.2, Kamrup (M) at Guwahati. It is also seen that there is a status quo order being passed by the said Court on 03.03.2022.

(3) The record further reveals that allegations have been made that the respondent No.6 is trying to dispossess the petitioners from the land under their possession by unlawful means for which an FIR has been filed and there has been no action taken by the Officer-in-Charge of the Khetri Police Station. It has also been alleged that the Commissioner of Police, Kamrup (Metro) has also been intimated by the communication dated 02.01.2024, to the affect that the respondent No.6 has been taking steps to evict the petitioners and in that regard, the police personnel from the Khetri Police Station are pressurizing the petitioners and threatening to dispossess the petitioners from the plot of land.

(4) This Court, taking into account that there is a dispute pending before the competent Civil Court as regards the land in question, would not like to comment as regards the rights of the petitioners vis-à-vis the respondent No.6 over the land in question. However, it is relevant to take note of that when there is a private dispute between the parties and the matter is pending before the competent Civil Court, the police officials should stay their hands away from such dispute till the competent Civil Court duly decides the same or passes appropriate orders in this regard.

(5) In that view of the matter, this Court directs the Officer-in-Charge of the Khetri Police Station to ensure that no interference is caused by the police personnel of Khetri Police Station to the private dispute between the petitioners as well as the respondent No.6, which is presently pending before the competent Civil Court, till appropriate directions or orders are passed by the said Court or any other Court, in that regard. Page No.# 4/4

(6) With the above, the instant Writ Petition stands disposed.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010007362024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/186/2024o RANJUoMALLIKoANDo7oORSo D/O-oLATEoGIRINDRAoMALLIK 2:oMANIKoMALLIK oS/O-oLATEoGIRINDRAoMALLIK 3:oBISAKAoDASo(MALLIK) oD/O-oLATEoGIRINDRAoMALLIK 4:oMANJUoRANIoRAIo(MALLIK) oD/O-oLATEoGIRINDRAoMALLIK 5:oANITAoMANDALo(MALLIK) oD/O-oLATEoGIRINDRAoMALLIK 6:oRIMIoMALLIKoDAS oD/O-LATEoGIRINDRAoMALLIK 7:oSIMAoMALLIKo(DAS) oD/O-oLATEoGIRINDRAoMALLIK 8:oMAMATAoMALLIKoDAS oD/O-oLATEoGIRINDRAoMALLIKo o ALLoAREoESIDENTSoOFoVILLAGEo-oBENGENABARIo(HELAGOG)o P.OoANDoP.S-oKHETRIo DIST-oKAMRUPo(M) oASSAo VERSUSo THEoSTATEoOFoASSAMoANDo5oORSo REP.oBYoTHEoCOMMISSIONERoANDoSECRETARYo TOoTHEoGOVT.oOFoASSAM,oDEPARTMENToOFoLANDoANDoREVENUE,o Page No.# 2/4 ASSAM DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE DEPUTY COMMISSIONER KAMRUP (M) GUWAHATI PIN-781001 3:THE COMMISSIONER OF POLICE KAMRUP (M) GUWAHATI DIST- KAMRUP ASSAM 4:THE SUPERINTENDENT OF POLICE KAMRUP (M) GUWAHATI DIST- KAMRUP ASSAM 5:THE OFFICER IN CHARGE KHETRI POLICE STATION DIST- KAMRUP ASSAM 6:KARUNA PHUKAN S/O- RAMESH PHUKAN VILLAGE CHATAIPATHAR P.O AND P.S- KHETRI DIST- KAMRUP (M) ASSA Advocate for the Petitioner : MR. D BHUYAN Advocate for the Respondent : GA, ASSAM BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH