IN THE HIGH COURT OF TRIPURA

A G A R T A L A

W.P.(C) No.1109 of 2016

Sri Badal Chandra Shil,

son of late Manik Shil,

resident

of

village:

Uttar

Doulbari,

Damdama, P.O. & P.S. Sabroom,

District: South Tripura

………… Petitioner (s)

– V e r s u s –

1.

The State of Tripura,

represented

by

the

Secretary-cum-

Commissioner,

Revenue Department,

Government of Tripura,

Secretariat Building,

New Capital Complex, P.O. Kunjaban,

Agartala, District: West Tripura

2.

The Sub-Divisional Magistrate,

Government of Tripura,

Sabroom, District: South Tripura

3.

Shri Abhiram Debbarma,

Deputy Collector and Magistrate,

Sabroom, District: South Tripura

4.

Shri Krishna Kishore Chakma,

Revenue Inspector,

Sabroom, District: South Tripura

5.

Sri Bhabatosh Das,

son of late Harish Chandra Das,

resident of village: Uttar Doulbari,

Damdama, P.O. & P.S. Sabroom,

District: South Tripura

6.

Sri Ashutosh Das,

son of late Harish Chandra Das,

resident of village: Uttar Doulbari,

Damdama, P.O. & P.S. Sabroom,

District: South Tripura

………… Respondent (s)

Page 2 of 8

For the Petitioner (s)

:

Mr. R. G. Chakraborty, Adv.

For the Respondent (s)

:

Mr. N. Majumder, Adv.

Mr. H. Sarkar, Adv.

Date of hearing & delivery

: 11.01.2021

of Judgment & order

Whether fit for reporting

:

NO

HON’BLE MR. JUSTICE S. TALAPATRA

JUDGMENT & ORDER [ORAL]

Heard Mr. R. G. Chakraborty, learned counsel appearing

for the petitioner as well as Mr. N. Majumder, learned counsel

appearing for the respondents No.1 & 2 and Mr. H. Sarkar, learned

counsel appearing for the respondents No.5 & 6. Despite due notice

from this court, none represents the respondents No.3 and 4. The

respondents No.3 and 4, the Revenue Officers, who were

instrumental in conducting the field inquiry and preparing the

report [Annexure-E to the writ petition].

[2]

The grievance of the petitioner in short is that despite he

was in possession of the land measuring 2.14 acre recorded in

Khatian No.949 of Mouja-Doulbari, Revenue Circle-Sabroom under

C.S. Plot No.130/2925, PB-621, 133/2929 corresponding to RS Plot

No.446 and 453 being allotted the respondent No.2 (Sub-Divisional

Magistrate, Sabroom) cancelled the allotment order by the order

dated 14.07.2016 [Annexure-I to the writ petition].

Page 3 of 8

[3]

The

proceeding being Case No.15/Allot/2014 was

initiated for cancellation of the allotment order by issuance of the

notice dated 18.06.2016 [Annexure-F to the writ petition]. In the

notice, it had been alleged that the petitioner were not possessing

the allotted land and also did not bring the land under cultivation. It

is apparent that violation of Rule 12 of the Tripura Land Revenue

and Land Reforms (Allotment of Land) Rules, 1980 has been

alleged against the petitioner. For purpose of initiating the

proceeding, after receipt of the complaint from the respondents

No.5 and 6, a field inquiry was directed and the report of the said

field inquiry was duly furnished to the Sub-Divisional Magistrate by

the

Revenue

Inspector

vide

his

report

dated

02.03.2015

[Annexure-E to the writ petition]. In the said report, it has been

categorically observed that the respondents No.5 and 6 have been

occupying the land measuring 0.58 and 1.56, total 2.14 acre,

comprised in Plot No.453 and 446 of mouja Doulbari under

Sabroom Tahashil Kachari. The Revenue Inspector had suggested

cancellation of the allotment order as the petitioner had failed to

utilize the allotted land and thus, he had breached the provision of

Rule 12 of the Tripura Land Revenue and Land Reforms (Allotment

Page 4 of 8

of Land) Rules, 1980. The show-cause notice was issued on the

basis of the said field inquiry report.

[4]

The petitioner filed his objection against the report and

asserted that he has been occupying the land for more than 32/35

years and enjoying the possession