GAUHATI HIGH COURT
B.P.Saraf, S.N.Phukan, JJ.
Kumar Srijut Madhusudan Deb Barma; Narayan Prasad Upadhyaya -Appellant
Versus
State of Tripura -Respondent
Civil Rule Nos. 73 and 74 of 1979
Decided On : 10-01-1989
TLR & LR ACT - SECTION 95 - SECTION 11(3) - REVISION - JURISDICTION - DISPUTE BETWEEN GOVERNMENT AND PRIVATE PERSON - SETTLEMENT OF LAND - SURRENDER OF LAND - PUBLICATION OF RECORD OF RIGHTS - INTERPRETATION OF STATUTE - POWER OF REVISION - LIMITATION - FACTUAL DISPUTE - JURISDICTION OF COLLECTOR.
Fact of the Case:
Petitioners claimed ownership of land settled by the Maharaja and alleged possession after vesting in the State Government. The revenue record showed the land as khash land of the Maharaja. Petitioners filed revision petitions under section 95 of the TLR & LR Act, which were dismissed. Petitioners challenged the orders, arguing that the Director lacked jurisdiction and that the dispute should be decided under section 11(3) of the Act.
Finding of the Court:
The court held that the Director had jurisdiction to entertain the revision petitions as there was an order passed in a proceeding under the TLR & LR Act, namely, the publication of the record of rights. However, the court found that the dispute between the petitioners and the Maharaja, involving settlement and surrender of land, was properly decidable by the Collector under section 11(3) of the Act.
Issues: 1. Whether the Director had jurisdiction to entertain the revision petitions under section 95 of the TLR & LR Act. 2. Whether the dispute between the petitioners and the Maharaja should be decided under section 11(3) of the Act.
Ratio Decidendi: 1. Section 95 of the TLR & LR Act gives wide powers to the State Government and the Collector to call for records and pass orders in reference to any order passed by a revenue officer. It does not prescribe any limitation of time and can be invoked even where an appeal lies but has not been availed of. 2. Section 11(3) of the Act provides that disputes regarding property or rights claimed by or on behalf of the Government or by any person against the Government shall be decided by the Collector, whose order shall be final.
Final Decision: The court allowed the petitions and directed the petitioners to approach the Collector under section 11(3) of the TLR & LR Act for a decision on the dispute. The Collector was directed to entertain the petitions and decide the matter on facts without considering the question of limitation.
By this common judgment and order we propose to dispose of Civil Rule Nos. 73 and 74 of 1979 as these two petitions have been filed against the common judgment and order dated 1.6.76 passed by the learned Director of Settlement and Land Records, Government of Tripura in Revision Case Nos. 81 and 82 of 1975.
2. The two petitions under section 95 of the Tripura Land Revenue & Land Reforms Act, 1960, for short, TLR & LR Act, were filed before the Director of Settlement and Land Records and the petition of the petitioners in Civil Rule No. 73 of 1979 was registered as Revision Case No. 82 of 1975 and the other petition was registered as Revision Case No. 81 of 1975. The petitioners of Civil Rule No. 73 of 1979 claimed an area of 7 drones 6 kanis equivalent to 47.29 acres of land on the southern half of C.S. Plot' No. 7272 of mouja Gandhigram as belonging to their settled land in old jote No. 31 under K.T. No. 284. Similarly, petitioners of Civil Rule No. 74 of 1979 claimed similar area of land on the northern half of the said plot as belonging to their settled land of jote No. 29 under Ex. K. T. No. 284. Toe Revision petitions were dismissed by the impugned order. The petitioners claimed both plots of land on the ground that lands were settled by Maharaja Kirit Bikram Kishore Deb Barma Manikya Bahadur, respondent No. 3 on payment of nazarana and also yearly rents. According to petitioners, they also took over possession of the entire land and even after vesting of the said plot of land in the State Government under the provisions of section 134 of the TLR & LR Act they have been possessing the same. When the settlement operation was going on, the constituted attorney of respondent No. 3 was approached regarding the preparation of record of right in the name of the petitioners and it was told that the petitioners had been shown as jotedars of the land in question. In the return submitted by respondent No. 3 under section 144 (6) of TLR & LR Act, however, the petitioners took a copy of the Khatian in 1974 and on perusal of the same come to know for the first time that the land was shown in the revenue record as khash land of respondent No. 3. It has been alleged that as the petitioners were raiyats under the Government after vesting of the land their names should have been recorded in respect of the disputed land as raiyats. For correction of the said revenue record petitions under section 95 of the TLR & LR Act were filed before the Director of Settlement & Land Records which were rejected by the impugned order. Being aggrieved by the orders of the Director the petitioners have approached this Court under Article 226 of the Constitution.
3. We may quote below section 95 of the TLR & LR Act : "95. Revision-The State Government or the Collector may, at any time, either on his own motion or on the application of any party, call for the records of any proceedings before any revenue officer subordinate to him for the purpose of 'satisfying himself as to the legality or the propriety of any order passed by such revenue Officer, and may pass such order in reference thereto as he thinks fit:
Provided that he shall not vary or reverse any order affecting any right between private persons without having given to the parties interested notice to appear and be heard."
4. Reliance has been placed on a decision of a learned Single Judge of this Court in Civil Rule No. 29 of 1976 (Agartala Bench). Learned Single Judge considered the language of the aforesaid section 95 and also compared the said section with section 151 of the Assam Land and Revenue Regulation, 1886 and section 95 of the Manipur Land Revenue and Land Reforms Act and also considered the decisions of this Court in Abdul Gani Sarkar vs. Assam Board of Revenue, A. I. R. 1970 Assam & Nagaland, 82, Satyaranjan Paul Majnmder vs. Assam Board of Revenue A. I. R. 1977 Gauhati, 83, and Thokchom Parijat Singh vs. Maibam Jugi Singh in Civil Rule No. 1 of 1975 decided on 31. 5. 79 (I
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