HIGH COURT OF TRIPURA

AGARTALA

CRP 116/2019

PRESENT

For Petitioner(s)

:

Mr. R. Saha, Advocate

For Respondent(s)

:

Mr. KK Pal, Advocate

HON’BLE MR. JUSTICE ARINDAM LODH

Order

02/02/2021

Heard Mr. R. Saha, learned counsel for the petitioner as well as Mr. M.

Debbarma, learned Additional GA appearing for the respondents no. 1 and 2

and Mr. KK Pal, learned counsel for the respondent no. 3.

This is an application filed under Article 227 of the Constitution of India

for setting aside/quashing the order dated 04.11.2019 passed in Revenue case

No. 417 of 2019 under Section 96 of the TLR & LR Act, 1960 by the District

Magistrate and Collector, West Tripura, Agartala.

It transpires from the record that Agartala Municipal Corporation had

filed a review application before the revenue authority for reviewing the order

dated 08.07.2019 in Revenue case No. 75 of 2019. The revenue authority on

04.11.2019 had passed the following order:

“Notice duly served upon the AMC authority and Sri Parimal Chandra Saha S/O lt.

Narendra Chandra Saha. Both are seeking review of order dated 08/07/2019 of the

ADM & Collector-II. West Tripura in Revenue case No. 75/16 U/S 95 of the TLR & LR

Act, 1960.

One Sri Matilal Saha, ASO Agartala Municipal Corporation represented the AMC

authority in the hearing. On the other hand, Sri Parimal Chandra Saha alongwith his

Ld. Counsel Ashim Das remained present in the hearing in this instant review case.

Re-call revenue case No. 75/16 U/S 95 of the TLR & LR Act, 1960 and order of the ADM

& Collector-II, West Tripura dated 08/07/2019. It has been observed that several

occasions notices were served to both party i.e. on 17/04/2018, 04/05/2018 & 08/07/2019

but AMC authority remained absent nor represented whereas Sri Parimal Chandra

Saha remained present on all the occasions and base on petition of Sri Parimal Chandra

Saha for hearing on mercy ground citing that his father has been suffering from cancer

and wish to see the case is disposed off. Step was taken to hear Revenue case No. 75/16

U/s 95 of the TLR & LR Act, 1960.

Examined the case records and found that the ADM & Collector-II West Tripura has

passed an order dated 08/07/2019 wherein based on field enquiry reports submitted by

Tdr. Sadar East T.K. dated 12/05/2017 R.I. Agartala East Revenue Circle dated

29/06/2017, DCM, Agartala East Revenue Circle dated 07/07/2017 and the SDM, Sadar

dated 12/07/2017 and documents submitted by the petitioner Sri Parimal Chandra Saha

like finally published manual khatian no. 648, registered gift deed no. I-9134 dated

07/11/2000 passed the said order for creation of new land records (ROR) in favour of the

then petitioner Sri Parimal Chandra Saha S/O lt. Narendra Chandra Saha

incorporating his purchased land measuring 0.0100 acre only which was incorporated in

his name alongwith extra quantum of land measuring (0.0285 acre – 0.0100 acre) =

0.0185 acre in finally published manual khatian no. 648 of Mouja Agartala sheet no. 15

over which he has a physical and peaceful possession since he purchased from Smt.

Jyostna Saha W/O lt. Narendra Chandra Saha stating that he has no claim over extra

quantum of land measuring 0.0185 acre of said khatian.

Perused the instant petition of the AMC authority for review of the said order of the

ADM & Collector-II, West Tripura dated 08/07/2019 whereas he has mentioned that a

piece of land measuring 0.0285 acre of khatian no. 648, RS plot no. 6032 is onwed by

Agartala Municipal Corporation and also perused the review petition of Sri Parimal

Chandra Saha wherein he sought for correction of RS plot no. 6032 as mentioned in the

said order of the ADM & Collector-II dated 08/07/2019 claiming that he is in peaceful

possession of RS plot no. 6030(P).

To clarify the issue, the SDM, Sadar was asked to enquire into the review petition of Sri

Parimal Chandra Saha dated 16/08/2019. The SDM,