Sri Bishnu Singh @ Bishnu Singh Thapa and 4 Ors v. The State of Tripura and 4 Ors

Order

13.02.2025

Heard learned counsel for the parties. [2]

This is a petition under Article 226 of the Constitution of India for seeking the following relief(s): i. Issue Rule upon the respondents to show cause as to why the respondents should not transmit all records relating to the case of the petitioner. And ii. As to why in the nature of Mandamus should not be issued directing the State Respondents to comply with the Order dated 24.09.2021 passed in case No.11/Appeal/Rev/Secy/2020 under Section 93of TLR & LR Act by the Secretary, Revenue Secretary, Government of Tripura and to make correction of record of right in favour of the petitioners I Khatian No235/1-3 of Mouza-Anandanagar. And iii. As to why such other order/orders should not be passed as to give full relief to the petitioner and upon causes shown to make the rule absolute.

[3]

It is the case of the petitioner that the respondent No.2 by an Order dated

24.09.2021 passed in case No.11/Appeal/ Rev/Secy/2020 has specifically ordered to rectify the mistake and record the name of the petitioners in Khatian No.235/1-3 with area of 5.100 acres in RS Plot No.241, 251, 79, 78, 243, 244,245,246,247,248,250, 249 & 250/8866 of Mouza-Anandanagar but even after more than 3 years from the date of passing of the said order, despite repeated requests by the petitioners, the state respondents have failed to comply with the Order dated 24.09.2021 passed in case

No.11/Appeal/ Rev/Secy/2020 and as such the petitioners are highly deprived of their legitimate right over their own land and as such they are facing various difficulties. Hence this Writ Petition. [4]

Heard and perused the record. [5]

On perusal of the record it appears to this court that the petitioner is the owner of the subject land and in view of the wrong entry in the khatian, the petitioner preferred a petition before the official-respondents. Thereafter, he also carried the matter in appeal before the official-respondents. It is seen from the record, the matter in appeal was decided in two folds (i) to carry out the correction in favour of the petitioner and (ii) in respect of the other portion of the land which is in dispute, the official respondents have directed the petitioner to approach the civil court for redressal. [6]

The petitioner in pursuance to the said order dated 24.09.2021 passed in case No.11/Appeal/ Rev/Secy/2020 filed a representation dated 29.04.2022 which has been received by the respondent No.3 (The District Magistrate & Collector, West Tripura, Agartala, PIN: 799001) on 30.04.2022 and the same is not acted upon till date. [7]

In view of above, without expressing any opinion on the merits of the case, this present writ petition is disposed of directing the respondents to consider the case of the petitioner in the light of the order dated 24.09.2021 passed in case No.11/Appeal/ Rev/Secy/2020 in accordance with law within a period of three months from the date of receipt of copy of this order. [8]

With the above observation and direction, this present writ petition stands disposed of. As a sequel, stay, if any, stands vacated. Pending application(s), if any, also stands closed.

JUDGE

Dipak DIPAK DAS Date: 2025.02.14 14:54:51 +05'30'

]HIGH COURT OF TRIPURA AGARTALA WP(C) 70 of 2025 Sri Bishnu Singh @ Bishnu Singh Thapa and 4 Ors. ---Petitioner(s) Versus The State of Tripura and 4 others. ---Respondent(s) For Petitioner(s) : Mr. Kundan Pandey, Advocate. For Respondent(s) : Mr. P. Gautam, Sr. GA. HON'BLE MR. JUSTICE T. AMARNATH GOUD