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SANJAY KUMAR MEDHI
Lalduhawma – Appellant
Versus
State of Mizoram – Respondent
JUDGMENT :
(Sanjay Kumar Medhi, J.)
The instant appeal has been preferred against the judgment and decree dated 14.12.2021 passed by the learned Senior Civil Judge – IV, Aizawl District in Civil Suit No. 97/2012. By the aforesaid impugned judgment and decree, the suit of the plaintiffs has been dismissed. The present appellants were the plaintiffs in the said suit.
2. The suit was instituted challenging an order of cancellation of land settlement dated 09.03.2012 pertaining to 15 persons including the two appellants / plaintiffs. As per the facts projected in the plaint, the land in question which is at Lawipu was initially sought to be allotted to certain volunteers of the Mizo National Front after the said organization had joined the mainstream in the year 1989. Though the process was on, due to certain technical issues, the land to the said volunteers were re-allotted at Maubawk Village Council instead of Lawipu Village Council where the present subject land is situated. According to the plaintiffs / appellants, since the land at Lawipu remained vacant, there was a decision to allot the land to certain landless people. As per the said decision, 35 nos. of beneficiaries were select
The court upheld the cancellation of land settlement certificates based on procedural compliance and the validity of overlapping land claims.
Restoration of lawful land ownership rights requires adherence to proper transfer processes as per land revenue acts; cancellation without due procedure is invalid.
The failure to establish lawful possession and the invalidity of the allotment order led to the dismissal of the appeal, emphasizing jurisdictional limits in civil suits regarding land allotments.
Point of Law : Revenue record – Record of Right - Though these entries have been held to be having no legal basis yet these could be looked into for collateral purposes.
A valid land allotment must be canceled before a subsequent allotment can be deemed lawful, reaffirming the plaintiffs' ownership rights and possession under the Tripura Land Revenue and Land Reforms....
The settlement granted to the petitioner association could not be cancelled unless found to have been contrary to the Assam Land and Revenue Regulations, 1886.
The exercise of statutory authority must be within a reasonable period, and fraud vitiates all proceedings.
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