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2017 Supreme(Tri) 24

T.VAIPHEI
Kamal Dey, Son of Sri Bidhu Ranjan Dey – Appellant
Versus
State of Tripura, Represented by the Commissioner to the Government of Tripura, Revenue Department, Agartala – Respondent


Advocates Appeared:
For the Petitioners: Mr. P. Roy Barman, Mr. S. Bhattacharji, Mr. K. Nath
For the Respondents: Ms. A.S. Lodh, Mr. A. Bhowmik, Mr. D.C. Roy

JUDGMENT & ORDER :

The legality of the order dated 15-7-2009 passed by the Second Appellate Authority/Principal Secretary, Revenue Department, Government of Tripura (“SAA” for short) under Section 93, Rule 2(d) of the Tripura Land Revenue and Land Reforms Act, 1960 upholding the order dated 19-9-2007 of the Sub-Divisional Magistrate, Bishalgarh in Case No. 16/06 to 123/06 restoring the possession of the land measuring 3.110 acres to the respondent No. 4 to 168 (“private respondents” for short) is called into question in this writ petition.

2. Though the pleadings of the parties have become more and more voluminous over the years, the facts materials for disposal continue to lie on a narrow compass. The private respondents filed an applications before the Sub-Divisional Magistrate/Bishalgarh Sub-Division (respondent No. 3) for restoration of a block of land measuring 4.49 acres recorded in Khatian No. 2019 under Badharghat Sheet No. 5 allegedly owned by their predecessor, namely, the late Thakur Lalit Mohan Debbarma claiming that the land was illegally occupied by the petitioners in violation of the provision of Section 187, Tripura Land Revenue and Land Reforms Act, 1960 (“the Act” f










































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