Abul Hussain Laskar and 3 Ors v. Jalal Uddin Laskar

O R D E R

09.08.2024

Heard Mr. S.D. Purkayastha, learned Counsel, for the petitioner and Mr. R. De, learned counsel for the respondent.

¶2Correctness or otherwise of the order, dated 24.05.2023, passed by the learned Addl. District & Sessions Judge (FTC) Cachar, Silchar in Special (L/G) case No. 21/2019, is challenged in this petition, under Article 227 of the Constitution of India, by four petitioners, namely, Abdul Hussain Laskar, Sakha Mis Laskar, Atabur Rahman Laskar and Pathu Raja Laska.

¶3It is to be noted here that vide impugned order, dated 24.05.2023, the learned trial court had rejected the prayer of the petitioner to accept the written statement.

¶4Mr. Purkayastha, the learned Counsel for the petitioner, submits that the learned trial court had arbitrarily rejected the prayer of the petitioner to file written statement, which was already filed and on the record. Mr. Purkayastha submits that for framing the issues in the case, written statement is a must without which the matter could be adjudicated properly. Therefore, Mr. Purkayastha has contended to allow the petition. Page No.# 3/3

¶5Per contra, Mr. R. De, the learned counsel for the respondent submits that he has no objection if the petition is allowed subject to payment of adequate cost.

¶6Having heard the submission of learned Advocates of both sides, I have carefully gone through the petition and the documents placed on record and also perused the impugned order, dated 24.05.2023.

¶7In view of the submissions of learned Advocates of both sides and as agreed this court is inclined to allow the petition. The impugned order dated 24.05.2023, so far it relates to the rejection of the prayer of the petitioners, for accepting the written statement, is set aside and quashed. However, the petitioners have to pay a sum of Rs.10,000/ (Rupees ten thousand) only, being the cost, to the respondent.

¶8It is further provided that on deposition of cost by the petitioners, the learned trial court shall take the written statement, submitted by the petitioner, on board and thereafter, shall proceed to hear and dispose of the case in accordance with law.

¶9In terms of above this CRP stands disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010148012023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCRP(IO)/215/2023o ABULoHUSSAINoLASKARoANDo3oORSo S/OoLATEoHABIBURoRAHMAN,oR/OoVILL-BARJUARIo(BERENGAoPART-V),o P.O.-BETHUKANDI,oP.S.-SILCHAR,oPIN-788005,oDIST-CACHAR,oASSAM 2:oSAKHAoMIAoLASKAR oS/OoLATEoMANIKoMIA oR/OoVILL-BARJUARIo(BERENGAoPART-V) oP.O.-BETHUKANDI oP.S.-SILCHAR oPIN-788005 oDIST-CACHAR oASSAM 3:oATABURoRAHMANoLASKAR oS/OoLATEoFURKANoALIoLASKAR oR/OoVILL-BARJUARIo(BERENGAoPART-V) oP.O.-BETHUKANDI oP.S.-SILCHAR oPIN-788005 oDIST-CACHAR oASSAM 4:oPATHUoRAJAoLASKAR oS/OoLATEoFURKANoALIoLASKAR oR/OoVILL-BARJUARIo(BERENGAoPART-V) oP.O.-BETHUKANDI oP.S.-SILCHAR oPIN-788005 oDIST-CACHAR oASSAo VERSUSo JALALoUDDINoLASKARo Page No.# 2/3 S/O LATE ABDUL LATIF LASKAR, A R/O VILL-BERENGA PART-V, P.O.- BETHUKANDI, P.S.-SILCHAR, DIST-CACHAR, PIN-788005, ASSAM Advocate for the Petitioner : MR. S D PURKAYASTHA, MS S.S.BORA Advocate for the Respondent : MR. R DE, MS. N BORDOLOI,MS. D PATHAK BEFORE HONOURABLE MR. JUSTICE ROBIN PHUKAN