Transactions violating Section 187 of the TLR & LR Act are void, and the society registered under the Societies Registration Act cannot be treated as tribal for the purpose of Section 187(1).

Heard Mr. A. Lodh, learned counsel and Mr. S. Debnath, learned counsel appearing for the petitioner as well as Ms. A.S. Lodh, learned Addl. G.A. appearing for the respondents No.1 & 2 and Mr. K.N. Bhattacharji, learned senior counsel assisted by Ms. S. Chakraborty, learned counsel appearing for the respondent No.3.

2. This court is faced with a strange situation as the petitioners who executed the gift deed No.1-8912 dated 02.11.1999, the gift deed No.1-11315 dated 26.12.2003 and the gift deed No.1-572 dated 17.01.2004 transferring a tract of land in favour of Don Bosco Centre, Bishramganj, the respondent No.3 herein have raised the claim that the said transactions were void inasmuch as those transactions were in violation of Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 [the TLR & LR Act, in short].

3. Before the gamut of fact is appreciated it would be appropriate to make a cursory glance to Section 187. Sub-section (1) of Section 187 has prohibited transfer of land belonging to a person who is a member of the Scheduled Tribes to a person who is not a member of the Scheduled Tribes and such transfer shall not be valid unless the transfer is to another member of the Scheduled Tribes, or where the transfer is to a person who is not a member of the Scheduled Tribes, it is made with the previous permission of the Collector in writing in the manner to be prescribed by rule. Exception has been curved out for some legal entities whenever the transfer is by way of mortgage to a Cooperative Society or to a bank or to the Tripura Housing Board, or to the Central or the State Government or any other financial institutions or corporations as may be notified by the Government in the Official Gazette from time to time for the purpose.

It has been further provided that the land so mortgaged shall not be transferred by such mortgage to a person who is not a member of the Scheduled Tribes.

4. In the present case all the aforesaid transfers have taken place in favour of the respondent No.3 which is admittedly a society registered under the Societies Registration Act inasmuch as in Para-10 of the reply filed by the respondent No.3 it has been averred as under :

“It is not disputed that respondent No.3 is an institute run and managed by S.T. Xaviers Bishramganj, a Society registered under the Societies Registration Act, 1860 and is to be represented by authorized person.”

5. The grievance as unfolded by the petitioners in this writ petition is that they had approached the Sub-Divisional Magistrate, Bishalgarh, now Sepahijala District, who is the designated authority for restoration of the land as purportedly transferred by those gift deeds under Section 187(B) of the TLR & LR Act, 1960. Since the Sub-Divisional Magistrate, Bishalgarh did not take any action, they had approached the District Collector, now Sepahijala District by filing a petitioner under Section 95 of the TLR & LR Act being Revenue Case No.375 of 2009.

6. By the order dated 07.06.2011 [Annexure P/4 to the writ petition], the District Collector in terms of the order dated 09.03.2012 delivered in WP(C) No. 67 of 2011 by the Gauhati High Court which had the territorial jurisdiction over the subject matter, the District Collector has observed as under :

“Accordingly Law cell of this office sent the Hon’ble High Court dated 09.03.2011 to the SDM Bishalgarh vide No.F.DM(W)/Law Cell/W.P.(C) 67 of 2011/1061-63 dated 18th April 2011 for compliance of the same within a period of 6(six) months positively. SDM Bishalgarh was also requested to furnish a status report about the action taken on the application under section 187(1)(2) & (3) of the TLR & LR Act 1960 of the as party. A copy was also sent to Revenue Court Case Cell for similar action.

Accordingly institute a Revenue Case U/S 95 of the TLR & LR Act, 1960. An enquiry report is also received from the SDM Bishalgarh vide No.2665/F.4(42)/SDM/BLG/REV/09 dated 09.03.2011. It appears from the enquiry report t