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HIGH COURT OF TRIPURA

AGARTALA

WA 50/2017

The Director,

Don Bosco Centre, Bishramganj, PO and PS- Bishramganj,

District- Sepahijala, Tripura.

………. Appellant(s).

Vs.

1.

Smt. Putul Rani Debbarma.

wife of Sri Sashi Kumar Debbarma, Resident of Dhaleswar,

Kalyani, P.O.- Agartala College, P.S.- East Agartala, District-

West Tripura.

2.

Sri Sashi Kr. Debbarma,

Son of late Surendra Ch. Debbarma, Resident of Dhaleswar,

Kalyani, P.O.- Agartala College, P.S.- East Agartala, District-

West Tripura. (Represented by their constituted Attorney

son Sri Madan Debbarma having the same address)

3.

The State of Tripura,

Represented by the Secretary, Government of Tripura,

Revenue

Department,

New

Capital

Complex,

P.O.-

Kunjaban, P.S.- East Agartala, District- West Tripura, Pin-

799010.

4.

The Secretary,

Government of Tripura, Revenue Department, New Capital

Complex, P.O.- Kunjaban, P.S.- East Agartala, District- West

Tripura, Pin- 799010.

………….Respondent(s).

B E F 0 R E

HON‟BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY

HON‟BLE MR. JUSTICE S.G. CHATTOPADHYAY

For Appellant(s)

:

Ms. Soumendu Roy, Adv.

For Respondent(s)

:

Mr. M. Debbarma, Addl. G.A.

Date of hearing

:

30^th March, 2022.

Date of Judgment & Order :

30^th March, 2022.

Whether fit for reporting

:

YES

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JUDGMENT AND ORDER (Oral)

(Per S.G. Chattopadhyay, J.)

The present writ appeal is directed against the judgment

and order dated 04.09.2017 passed by the learned Single Judge in

WP(C) No. 306 of 2013.

[2]

Appellant is a registered society engaged in running

vocational training centres, schools and residential boarding houses

for tribal students. It is represented by the director duly appointed by

the society. Respondents No.1 and 2 who were the petitioners in

WP(C) No. 306 of 2013 executed gift deed number 1-8912 dated

02.11.1999, gift deed No.1-11315 dated 26.12.2003 and gift deed

No. 1-572 dated 17.01.2004 transferring a tract of land in favour of

the appellant society. Subsequently, the said respondents by filing a

petition approached the Revenue Court of the District Collector for

restoration of their land under section 187B of the Tripura Land

Revenue and Land Reforms Act, 1960 (TLR & LR Act, 1960 for

short) which was rejected by the District Collector. Appeal against

the order of the District Collector was also rejected by the revisional

authority. Thereafter, by filing WP(C) No. 306 of 2013 respondents

No.1 and 2 claimed that the transfer of land made by them in favour

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of the appellant by executing the aforesaid gift deeds was illegal, void

and dehors the provisions of section 187 of the TLR & LR Act, 1960

and order passed by the District Collector and the revisional

authority were completely erroneous. The respondents sought for the

following reliefs in their writ petition:

”(i)

Issue notice upon the respondents;

(ii)

Call for records;

(iii)

Issue Rule calling upon the respondents to show

cause as to why a Writ of Certiorari not be issued calling

upon the respondents to produce all the records relating to

the restoration proceeding before this Hon‟ble Court and on

consideration of the records set aside the order dated

27.07.2013 passed by the Secretary, Government of Tripura,

Revenue

Department

in

connection

Revenue

case

no.12/Rev/Revision

Secy/2011

and

the

order

dated

07.06.2011 passed by the Ld. Presiding Officer of the Ld.

Court of District Collector, West Tripura, Agartala, in

connection with the Revenue Case No.375/09,

AND

(iv)

Also pass an order/direction by way of issuing a Writ

of Mandamus to restore the land in favour of the petitioners

by way of declaring the deeds of transfer as illegal and void

and dehors the provisions of Section 187 of the TLR and LR

Act, 1960

AND

To pass any other order/or