Jakaria Ahmed and 2 Ors v. Divisional Forest Officer (T) and 6 Ors

O R D E R

27.05.2024

This is an Appeal filed under Section 100 of the Code of Civil Procedure, 1908 challenging the judgment and decree dated 05.03.2022 passed by the Court of the Civil Judge, Karimganj in Title Appeal No.10/2020 whereby the Appeal was dismissed thereby affirming the judgment and decree dated 07.02.2020 passed by the learned Munsiff No.1, Karimganj in Title Suit No.90/2015.

¶2The learned counsel appearing on behalf of the appellants submits that both the suit as well as the Appeal was dismissed on the ground of Page No.# 3/3 maintainability. The learned counsel therefore submits that the plaintiffs would have been better advised to file a writ petition or avail other remedies instead of filing the suit. Under such circumstances, the learned counsel for the appellants submitted that he has instructions to withdraw the instant Appeal. The learned counsel for the appellants however submits that the withdrawal of the instant Appeal should not prejudice the plaintiffs to avail such remedies available under the law.

¶3This Court has duly taken note of the judgment and decree passed by the learned Trial Court as well as the learned First Appellate Court wherein it is seen that the suit has been dismissed holding it to be not maintainable.

¶4Under such circumstances, this Court permits the withdrawal of the instant Second Appeal and accordingly the instant Appeal is dismissed on withdrawal.

¶5It is made clear that taking into account that both the Courts below have categorically observed that the suit was not maintainable, the judgment and decree so passed therein shall not affect the rights of the appellants herein to avail such other remedies as permissible under the law.

JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010229722022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oRSA/77/2023o JAKARIAoAHMEDoANDo2oORS.o S/OoABDULoSUKKUR,oVILL.-oKANDIGRAM,oP.O.-oDASGRAM,oP.S.-o NILAMBAZAR,oDIST.-oKARIMGANJ. 2:oABDULoMUMIT oS/OoABDULoSOLAM oVILL.-oBAGON oP.O.-oKARNAMADHU oP.S.oANDoDIST.-oKARIMGANJo(ASSAM). 3:oMUIJURoRAHMAN oS/OoABDULoSUKKUR oVILL.-oBAGON oP.O.-oKARNAMADHU oP.S.oANDoDIST.-oKARIMGANJo(ASSAM)o VERSUSo DIVISIONALoFORESToOFFICERo(T)oANDo6oORSo KARIMGANJoDIVISION,oP.O.-oTILLABAZAR,oP.S.oANDoDIST.-oKARIMGANJo (ASSAM),oPIN-o788709. 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoGOVT.oADVOCATE oASSAM oGUWAHATI-o01. 3:THEoDEPUTYoCOMMISSIONER oKARIMGANJ oP.O.oANDoDIST.-oKARIMGANJo(ASSAM) oPIN-o788710. 4:THEoGENERALoMANAGER oDISTRICToINDUSTRYoANDoCOMMERCEoCENTRE Page No.# 2/3 P.O. AND DIST.- KARIMGANJ (ASSAM) PIN- 788710. 5:THE RANGE FOREST OFFICER (SADAR) KARIMGANJ P.O. AND DIST.- KARIMGANJ (ASSAM) PIN- 788710. 6:THE BEAT FOREST OFFICER LONGAI FOREST BEAT OFFICE LONGAI ROAD P.O. AND DIST.- KARIMGANJ (ASSAM) PIN- 788710. 7:THE BEAT FOREST OFFICER NILAMBAZAR FOREST BEAT OFFICE P.O.- NILAMBAR DIST.- KARIMGANJ (ASSAM) PIN- 788722 For the appellant (s) : Mr. A.H. M. R. Choudhury, Advocate For the respondent (s) : Mr. T. R. Gogoi, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH