Smt. Arati Sutradhar v. The State of Tripura and Another

HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

WP(C)No.568 of 2023

Smti. Arati Sutradhar .....Petitioner _V_E_R_S_U_S_ The State of Tripura and Others .....Respondents

For Petitioner(s) : Mr. D. K. Daschudhury, Advocate. For Respondent(s) : Mr. D. C. Saha, Advocate.

HON'BLE MR. JUSTICE T. AMARNATH GOUD

_O_ R_ D_ E_ R_ 11/09/2023

Heard Mr. D. K Daschuodhury, learned counsel appearing for the petitioner also heard Mr. D. C. Saha, learned counsel appearing for the respondents.

The present petition has been filed under Article-226 of the Constitution of India for giving direction to the respondent No.1 to dispose of the revenue case No.39 of 2020 under Section-95 of the Tripura Land Revenue and Land Reforms Act, 1960 seeking correction of entries in the record of rights in respect of land measuring 0.34 acre surveyed in CS Plot No.352(P), corresponding to present plot No.533, recorded in Khatian No.575 of Mouza Radharnagar within Udaipur Sub-Division. The petitioner has prayed for the following reliefs: i. Admit this writ petition. ii. Issue notice upon the respondents. iii. Issue writ in the nature of mandamus asking the respondents to show cause as to why the revenue case No.39 of 2020 in the file of respondent No.1 shall not be disposed of at an early date. iv. Issue rule of the Hon'ble High Court after considering the reply of the respondents and hearing both the parties in the light of the items (iii) above."

The case of the petitioners is that the petitioner acquired 0.34 acre of land at Mouza Rajdharnagar by purchase under registered sale deed from one Ratan Lal Bhadra and got possession and mutation over the land. But same Ratan Lal Bhadra again sold the same land to one Sumit Das under another registered sale deed on the strength of which the vendee managed to enter his name in the

records of right ignoring the records of right already existed in the name of the petitioner. So, the petitioner submitted a petition on 06.07.2020 to the respondent No.1 for correction of the entries in the records of right as per provisions of Section-95 of the TLR & LR Act, 1960 vide Revenue proceeding No. 39 of 2020.

Thereafter, the respondent No.1 passed an order on 23.07.2020 directing the respondent No.2 to re-enquire into the matter on the following points viz. (i) Who is the Mutation Officer to accept the mutation Vide MR No. 20100030? And (ii) The SRO, Udaipur to check whether the Regd. Deed No. 68 dated 24/12/1985, Regd. Deed No. 1-2511 Dt. 8/10/2004 are genuine or not?

Having no further progress of the case, the petitioner submitted a petition on 22.10.2022 to the respondent No.1 praying for early disposal of the petition dated 06.07.2020 of the petitioner. But, till date nothing was communicated about the fate of the case by the respondent No.1. Hence, the present petition has been filed by the petitioners before this Court for redress.

In view of above and having heard the learned counsel appearing for the parties, without expressing any opinion on merits, the present petition stands disposed of directing the respondents to consider the case of the petitioner in the light of the petitions filed by the petitioner on 06.07.2020 and 22.10.2022 which are pending before the respondents, in accordance with law as expeditiously as possible preferably within a period of three months from the date of receipt of the copy of this order.

Accordingly, the present petition stands disposed of. As a sequel, miscellaneous application pending, if any, shall stand closed.

JUDGE

A. Ghosh ANJAN GHOSH by ANJAN GHOSH Date: 2023.09.14 13:04:43 +05'30'