GUWAHATI, India, Dec. 10 -- Gauhati High Court issued the following order on Nov. 11:

1. Heard Mr. P. Nayak, the learned Additional Advocate General, Assam as well as Mr. A. Chamuah, the learned Standing counsel of the Assam State Transport Corporation appearing on behalf of the Petitioners and Mr. D. C. C. Phukan, the learned counsel appearing on behalf of the sole Respondent.

2. The present proceedings under Article 227 of the Constitution is directed against the judgment and order dated 18.03.2021 passed in Sessions Special (Land Grabbing) Case No.02/2014 whereby the learned Special Tribunal (Land Grabbing), Morigaon had vide a detailed judgment and order held that the Respondent herein had right, title and interest over the suit land and entitled for recovery of vacant possession of the suit land by evicting the Petitioners herein and any other person(s) claiming through them and by demolishing all constructions made over the suit land by the Assam State Transport Corporation Authorities at their cost. In addition to that, the learned Special Tribunal (Land Grabbing) also held that the Respondent herein would be entitled for compensation of Rs.5,00,000/- from Assam State Transport Corporation within 3 (three) months failing which the amount shall carry an interest @9% from the date of the order till its realization for illegally possessing the suit land.

3. It is noticed that pursuant to filing of the present petition, the learned Coordinate Bench of this Court vide an order dated 20.08.2021 while issuing notice stayed the operation of the judgment and order dated 18.03.2021 passed in Sessions Special (Land Grabbing) Case No.02/2014. The said stay order thereupon continued from time to time till 22.07.2024. During the pendency of the instant proceedings, certain developments took place whereby the Petitioners more particularly the Petitioner No.1 through its Managing Director gave a commitment before this Court that the possession of the suit land would be handed over back to the Respondent and further the amount with interest as directed by the learned Special Tribunal (Land Grabbing) would be paid to the Respondent. It is further noticed that the said amount so directed by the learned Special Tribunal (Land Grabbing) along with interest amounting to Rs.6,85,918/- was duly paid to the Petitioner as it is apparent from the records.

4. It has been also submitted at the Bar that the possession of the land have also been handed over to the Respondent herein on 10.11.2025 and the Respondent presently is in possession of the suit land.

5. It is also the submission of the learned counsels for the parties that taking into account that the Petitioner No.1 is a Corporation of the State of Assam, the proceedings initiated being Sessions Special (Land Grabbing) Case No.02/2014 be closed taking into account that the Respondent herein is satisfied with the handing over the possession as well as the payment of the amount as directed by the learned Special Tribunal (Land Grabbing). 6. Considering the above and more particularly taking into account that the Petitioner No.1 is a Corporation of the Government of Assam, this Court is also of the opinion that the further continuation of the Sessions Special (Land Grabbing) Case No.02/2014 would not be in the interest of justice.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpHhw74CP3EEifbbSeajfXpZY5UHbi9OeBNqqTvKqvpcn&caseno=CRP/174/2023&cCode=1&cino=GAHC010252362023&state_code=6&appFlag=)

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