BADAL CHANDRA SHIL Vs. STATE OF TRIPURA
LAWS(TRIP)-2021-1-25
HIGH COURT TRIPURA
Decided on January 11,2021

Badal Chandra Shil Appellant
VERSUS
STATE OF TRIPURA Respondents

JUDGEMENT

S.Talapatra,J. - (1.) 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 .
(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 of Land) Rules, 1980. The show-cause notice was issued on the basis of the said field inquiry report.;


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