HON’BLE JUSTICE DR. T. AMARNATH GOUD

J U D G M E N T & O R D E R

1. The present writ petition has been filed by the petitioners under Article 226 of the Constitution of India seeking issuance of an appropriate writ, order and/or direction, particularly in the nature of mandamus, for quashing the communication dated 22.03.2025 issued by the District Magistrate & Collector, Sepahijala District, Bishramganj, whereby the prayer of the petitioners for allotment of Government khas land was not acceded to. The petitioners have further prayed for a direction upon the respondents to issue formal allotment order in favour of the petitioner No.1 in respect of land measuring 0.250 acre appertaining to R.S. Plot Nos. 6186, 6185 and 6183 under Khatian No.1/220 situated at Mouja Bishalgarh, Teshil Bishalgarh, Revenue Circle Bishalgarh, Sepahijala District.

2. The fact of the case is brief is that Petitioner No. 2, namely Ananda Marga Pracaraka Samgha, is stated to be a society duly registered under the Societies Registration Act, 1961, and has been running Ananda Marga School, Bishalgarh, since the year 1984. Petitioner No. 1, namely the school, is stated to be situated at Bishalgarh in the district of Sepahijala, Tripura. According to the petitioners, the school is a recognized educational institution and, over time, has come to be affiliated with the Central Board of Secondary Education (CBSE). It is further pleaded that the school has a substantial student strength and has been rendering educational service to the locality for several decades.

3. It is the pleaded case of the petitioners that the school is presently established over land measuring about 0.31 acre belonging to it. In addition thereto, the petitioners claim to have been in permanent possession and use, since 1984, of adjacent Government khas land measuring 0.250 acres, comprised in R.S. Plot No. 6186 measuring 0.09 acres, R.S. Plot No. 6185 measuring 0.12 acres, and R.S. Plot No. 6183 measuring 0.04 acres, under Khatian No. 1/220, Mouja Bishalgarh, Tehsil Bishalgarh, Revenue Circle Bishalgarh, Sub-Division Bishalgarh, District Sepahijala. According to the petitioners, the said land has been developed by the school through filling and leveling and has been used as part of the school campus, particularly for the benefit of the students.

4. The petitioners assert that the aforesaid adjacent khas land is urgently required for expansion of the school and for fulfillment of the infrastructural requirements prescribed by CBSE, particularly for upgradation to the Senior Secondary stage.

5. With a view to obtaining formal allotment of the said land, an application dated 18.05.2016 was submitted before the District Magistrate & Collector, Bishramganj, Sepahijala, seeking allotment of the khas land in favour of Petitioner No. 1. The said application, as pleaded, was supported by signatures of guardians, teachers and members connected with the school and highlighted the necessity of such allotment for the welfare of the institution and the students.

6. Pursuant thereto, the matter was enquired into by the revenue authorities. On 28.10.2016 Tehsildar, Bishalgarh T.K., submitted a report to the Deputy Collector & Magistrate, Bishalgarh Revenue Circle, wherein, upon physical enquiry, it was reportedly found that the aforesaid plots measuring in total 0.25 acres were occupied by Ananda Marga School, Bishalgarh. On the basis of such enquiry, the Tehsildar recommended that the land may be allotted in favour of the school.

7. The record, as pleaded by the petitioners, further reveals that the matter was placed before the Sub-Divisional Level Land Allotment Site Selection Committee, which, in its decision dated 02.12.2016, approved allotment of the said land measuring 0.250 acres in favour of Ananda Marga School. Thereafter, by letter dated 08.12.2016, the Sub-Divisional Magistrate, Bishalgarh, Sepahijala District forwarded the allotment proposal in favour of the school to the District Magistr