The main legal point established in the judgment is the requirement for reasons to be assigned in support of orders and the importance of following the prescribed procedure and recording evidence in revenue proceedings.

With the consent of learned counsel of the parties the writ petition is taken up for final disposal at the admission stage itself.

2. Heard learned counsel, Mr. I. Chakraborty for the petitioners and learned G.A., Mr. T. Dutta Majumder for respondent Nos.1 and 2 and learned senior counsel, Mr. A.K. Bhowmik, assisted by learned counsel, Ms. A. Banik for respondent Nos.3 to 9.

3. Undisputed fact in short is that land measuring 3.52 acres at Mouja Harina was allotted by the Collector by an order of allotment dated 13.08.1975 in the name of Atul Chandra Shil, since deceased, the predecessor of the petitioners. Pursuant to allotment, Khatian No.515 was opened in the name of Atul Chandra Shil.

4. Raimohan Debnath, the predecessorininterest of respondent Nos.3 to 9 made an application before SDM(Collector), Sabroom seeking cancellation of allotment in respect of 0.89 acres of land out of the total allotted land of 3.52 acres claiming that they were in possession of the land all along. The application filed by Raimohan Debnath was registered as Case No.1(Allot)/2003 before the SDM(Collector), Sabroom and by an order dated 18.10.2004 SDM(Collector), Sabroom allowed the petition filed by Raimohan Debnath and cancelled the allotment in respect of 0.89 acres of land out of the total allotted land of 3.52 acres.

5. The petitioners challenged that order before the District Magistrate & Collector by filing an appeal under Section 93 of the TLR & LR Act, 1960 which was registered as Revenue Case No.74 of 2004 and the Collector by order dated 25.06.2007 set aside the order of SDM, Sabroom dated 18.10.2004. The respondents challenged the order of Collector before Secretary, Revenue under Section 93(2) of the TLR & LR Act and the Secretary, Revenue by order dated 17.01.2015 dismissed the appeal but observed that the appellants before him(respondents herein) will be at liberty to file a fresh petition to SDM(Collector), Sabroom for cancellation of allotment order as per the provisions of TLR & LR (Allotment of Land) Rules, 1962. The relevant part of the order passed by the Secretary, Revenue Department reads as follows:

“From the examination of case records, relevant allotment rules and aforesaid judgment of Ld. High Court, it is revealed that specific provision available under TLR & LR(Allotment of Land) Rules, 1962 only could have been applied by SDM, Sabroom for cancellation of allotment of land made prior to TLR & LR(Allotment of Land) Rules, 1980 came into force. Thus, the order of ADM & Collector, South Tripura is found to be in order and is upheld. The first party, however, is at liberty to file a fresh petition to SDM, Sabroom for cancellation of allotment order as per provision of TLR & LR(Allotment of Land) Rules, 1962.

If it so happens, the SDM, Sabroom is hereby directed to hear the case afresh and dispose within three months from the filing of fresh petition.

With this direction, this case is hereby disposed.

Inform all concerned.”

6. The respondents, thereafter filed a petition seeking cancellation of allotment before the SDM(Collector), Sabroom and by impugned order dated 22.07.2015 learned SDM(Collector), Sabroom again directed cancelation of allotment to the extent of 0.89 acres out of the total allotted land of 3.52 acres. The relevant part of the order passed by the SDM(Collector), Sabroom reads as follows:

“…………………..

This Court has received a petition from the petitioners namely Sri Nimai Debnath & others, survivors of Rai Mohan Debnath of harina, in pursuance of the order of the Secretary, Revenue Deptt.

On perusal of the order of the Revenue Secretary, petition & case records of the earlier cancellation of allotment order by SDM, Sabroom passed on 18/01/2004 vide Case bearing No.1/Allot/2003, it appears that the allottee namely Atul Ch Shil S/OBasant Kr Shil has failed to bring the land measuring 0.89 acres out of total 3.52 acres pertaining to sabek plot No.684/2202 of khatian No. 717 corresponding to hal khatian N