Sri Bikas Biswas And Anr – Appellant
Versus
The State of Tripura And 4 Ors – Respondent
WA 42/2018
Page - 1 of 19
HIGH COURT OF TRIPURA
AGARTALA
WA No.41/2018 and WA No42/2018
A) WA No.41/2018 :
1. Sri. Dulal Nath Bhowmik,
S/o. Lt. Srimanta Kumar Bhowmik, resident of West Noabadi,
P.O - West Noabadi, P.S. Bodhjungnagar, Jirania, Dist.- West
Tripura.
………….. Appellant(s).
Vs.
1. The State of Tripura,
through the Secretary to the Government of Tripura,
Department of Revenue, New Secretariat Complex, P.O. Agartala
Secretariat, Dist. West Tripura.
2. The District Magistrate & Collector,
West Tripura, P.O. Agartala, Dist. - West Tripura.
3. Agartala Municipal Commissioner,
represented by the Municipal Commissioner, P.O. - Agartala,
West Tripura.
4. The Municipal Commissioner,
Agartala Municipal Corporation, P.O. Agartala, West Tripura.
5. The Executive Officer,
Agartala Municipal Corporation, North Zone, P.O. Kunjaban,
Agartala West Tripura.
………….. Respondent(s).
B) WA No.42/2018 :
1. Sri Bikas Biswas,
S/o - Lt. Byomkesh Biswas.
2. Smti. Tanuja Biswas
W/o - Sri Bikas Biswas,
Page - 2 of 19
Both are residents of Kunjaban, Kumari Tilla, P.O - Kunjaban,
P.S - East Agartala, Agartala, West Tripura.
Presently residing at B. K. Road, C/o - Sri Swapan Banik,
P.O - Agartala, P.S - East Agartala, Dist. - West Tripura.
………….. Appellant(s).
Vs.
1. The State of Tripura,
through the Secretary to the Government of Tripura,
Department of Revenue, New Secretariat Complex, P.O. Agartala
Secretariat, Dist. West Tripura.
2. The District Magistrate & Collector,
West Tripura, P.O. Agartala, Dist. - West Tripura.
3. Agartala Municipal Commissioner,
represented by the Municipal Commissioner, P.O. - Agartala,
West Tripura.
4. The Municipal Commissioner,
Agartala Municipal Corporation, P.O. Agartala, West Tripura.
5. The Executive Officer,
Agartala Municipal Corporation, North Zone, P.O. Kunjaban,
Agartala West Tripura.
………….. Respondent(s).
_B_E_ F_O_R_E_
HON’BLE THE CHIEF JUSTICE MR. AKIL KURESHI
HON’BLE JUSTICE MR. S G CHATTOPADHYAY
For Appellant(s) : Mr. S M Chakraborty, Sr. Advocate,
Ms. P Sen, Advocate.
For Respondent(s) : Mr. Debalaya Bhattcharya, GA,
Mt. T D Majumder, Sr. Advocate,
Mr. S Saha, Advocate.
Date of hearing : 20th July, 2021.
Date of judgment : 16th August, 2021.
Whether fit for reporting : Yes.
Page - 3 of 19
J U D G M E N T
(Akil Kureshi, CJ).
These appeals arise out of a common judgment of the learned
Single Judge dated 17th November 2016 passed in WP(C) Nos.73 and 74
of 2016 respectively. They have been heard together and would be
disposed of by this common judgment.
[2]
Facts being similar, we may record from WP(C) No.73/2016 and
corresponding WA No.41/2018. These facts are as under :
The litigation pertains to revenue entries in relation to land
bearing RS Plot No.3048/2008 [original Plot Nos.2482 and 2488(P)]
admeasuring 0.200 acres of Government Khatian No.1/126, mouja
Kunjaban (hereinafter to be referred to as the „suit land‟). The petitioner
had purchased the suit land under a registered sale deed, dated 20th
December 2013, from Sri Rajib Kumar Jadav and Smt. Neena Jadav
(hereinafter to be referred to as „the vendors‟) who claimed their
ownership over the land in question as being the predecessors-in-title of
deceased Ramabtar Prasad Jadav. According to these vendors, Ramabtar
Prasad Jadav had in turn purchased the suit land from one Jagmohan
Goala under a registered deed dated 22nd March 1973. The vendors, Sri
Rajib Kumar Jadav and Smt. Neena Jadav had filed Revenue Case
No.344/2013 before the District Collector, West Tripura under Section
Page - 4 of 19
11(3) of Tripura Land Revenue and Land Reforms Act, 1960 (“TLR & LR
Act” for short). This application of the vendors was suo motu converted
by th
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