AGARTALA, India, Feb. 19 -- Tripura High Court issued the following order/judgement on Jan. 19:
[1] Heard Mr. Somik Deb, learned senior counsel assisted by Ms. R. Roy Barman, learned counsel appearing for the petitioners. Also heard Mr. P. Gautam, learned Sr. G.A. representing the State respondents.
[2] The present writ petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:
"(i) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, for quashing/setting aside the impugned Order dated 02.07.2024 (Annexure-2 supra), and thereafter remanding back the same to respondent No.3, for a proceeding afresh in accordance with law, and further for directing, to complete the whole statutory exercise, within a reasonable time;
(ii) Call for the records appertaining to this petition,
(iii) After hearing the parties, be pleased to make the Rule Absolute in terms of i above;
(iv) Costs of and incidental to this writ proceeding, ........"
[3] The case of the petitioners in brief is that they are the members of Schedule Tribe by Community of the State of Tripura and have been residing permanently and are the lawful owners of 2.00 acres of land stated in Hal (present) Plot No.5947, 5971, 5948, 5950, 5972, 5951, 5975 comprised in Khatian No.854 page-1, 2 & 3 of Mouja & TK-Santirbazar under Santirbazar Revenue Circle of Santirbazar Sub-Division. It is contended in the present writ petition that one Sri Sachindra Kr. Debnath has been occupying land measuring 0.29 acres stated in Hal (Present) Plot No-5947 and land measuring 0.12 acres stated in Hal (present) Plot No.4958 comprised in Khatian No-854 page-1 and page-2 respectively. On the other hand, Shaila Bala Saha, Sanjit Saha, Kinchit Saha, Indrajit Saha, Biswajit and Sabita Saha have been jointly occupying land measuring 0.30 acres stated on Hal (Present) plot No-5971 comprised in Khatian No 854/2. It is further contended that one Narayan C.h Debnath has been occupying land measuring 0.06 acres stated in Hal (present) Plot No-5950 and land measuring 0.12 acres stated in Hal (present) Plot No. 5951 comprised in Khatian No- 854 page-1 and page-2 respectively and Jogesh Ch. Patari has been occupying land measuring 0.06 acres stated in Hal (Present) Plot No-5972 comprised in Khatian No. 854/2. It is also mentioned in the writ petition that one Sri Swapan Ch. Debnath has been occupying land measuring 1.04 acres stated in Hal (present) Plot No- 5974 comprised in Khatian No-854/3. All those lands are situated at Mouja and TK Santirbazar, under Revenue Circle Santirbazar of Santirbazar Sub Division. Thereafter, the petitioners approached before the Sub-divisional Magistrate, Santirbazar filling a petition under Section 187-B of the Tripura Land Revenue & Land Reforms Act, 1960 for restoration of the possession of the land, by way of evicting the occupiers and due to delay in trial, they approached this Court by way of a writ petition being WP (C) No.332 of 2022 and the same was disposed of on 13.04.2022. Subsequently, the Sub-divisional Magistrate, Santirbazar, disposed of the case of the petitioners by Order dated 02/07/2024, without considering the same. Being aggrieved by the said order of the Sub-Divisional Magistrate, Santirbazar, the petitioners have approached this Court by filing the present writ petition seeking the afore-noted reliefs.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x5Ypu%2F1fg1z5YTP2TkLEc7k9St%2F3yUj%2B9nqGZIEoc2On&caseno=WP(C)/479/2025&cCode=1&cino=TRHC010013812025&state_code=20&appFlag=)
Disclaimer: Curated by HT Syndication.
