Somez Ali @ Somez Uddin v. The State of Assam and 4 Ors

ORDER Date : 24.05.2024

Heard Mr. R.K. Talukdar, learned counsel for the petitioner. Also heard Mr. P. Barthakur, learned Additional Public Prosecutor for the State/respondent No.1 and Mr. J. Ahmed, learned counsel for the respondent Nos. 2 to 5.

¶2The present revision petition is filed against the order dated 04.11.2022 passed by the learned Executive Magistrate, Kamrup (Amingoan) in case No. 52m/2022.

¶3The aforesaid case was taken up on the strength of a report received from Circle Officer, Chamaria Revenue Circle dated 21.02.2022 in connection with Boko P.S. Case Nos. 82/2022 and 83/2022. As per the aforesaid report, there were apprehension of breach of peace between the parties as regards possession of a plot of land measuring 9B-2K-12L covered by Dag No. 937 of K.P. Patta No. 212. Accordingly, by an order dated 11.03.2022, the disputed land was attached. Page No.# 3/3

¶4Subsequently, by the impugned order dated 04.11.2022, the proceeding was closed holding that the second party/present respondents are having possession over the disputed land. Such determination was made on the basis of a report of the Lat Mandal dated 05.03.2022 and on the basis of the judgment of the learned Civil Judge, Junior Division No. 3 dated 10.09.2004 passed in Title Suit No. 23/2001 filed by the predecessor-in-interest of the present petitioner. The said order dated 04.11.2022 is under challenge in this present petition.

¶5Title Suit No. 23/2001 was preferred by the predecessor-in-interest of the present petitioner for declaration of right, title and interest and confirmation of possession over the disputed plot of land. One issue was framed to the effect that whether plaintiff is in possession over the suit property. The learned trial court answered the aforesaid issue against the plaintiff i.e. the predecessor-in-interest of the present petitioner.

¶6That being the position, the decision of the learned Magistrate cannot be faulted with, inasmuch as, the Judicial Magistrate cannot re-determine the issue of possession, when decision in this regard involving in the same property has already been determined by a competent Civil Court and decree has already been passed.

¶7In view of the aforesaid, this Court finds no merit in the present revision petition. Accordingly, the criminal revision petition stands dismissed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010017502023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Rev.P./57/2023o SOMEZoALIo@oSOMEZoUDDINo S/O-oAZGARoALI,oR/O-oVILL.-oJAUKATADIA,oP.O.oANDoP.S.oBOKO,oDIST.o KAMRUP,oASSAM,oPIN-o781123. VERSUSo THEoSTATEoOFoASSAMoANDo4oORS.o REPRESENTEDoBYoTHEoP.P.,oASSAM 2:ABDULoKADERo@oKADERoALI oS/O-oLATEoKORBANoALIoAKAND oR/O-oVILL.-oJAUKATADIA oP.O.oANDoP.S.oBOKO oDIST.oKAMRUP oASSAM oPIN-o781123. 3:ATAURoRAHMAN oS/O-oLATEoKORBANoALIoAKAND oR/O-oVILL.-oJAUKATADIA oP.O.oANDoP.S.oBOKO oDIST.oKAMRUP oASSAM oPIN-o781123. 4:NAZMOLoHUDA oS/O-oDILUWARoAKAND oR/O-oVILL.-oJAUKATADIA oP.O.oANDoP.S.oBOKO oDIST.oKAMRUP oASSAM oPIN-o781123. Page No.# 2/3 5:LIAKOT ALI S/O- DILUWAR AKAND R/O- VILL.- JAUKATADIA P.O. AND P.S. BOKO DIST. KAMRUP ASSAM PIN- 781123 Advocate for the Petitioner : MR. D BORAH Advocate for the Respondent : PP, ASSAM BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY