Decided on January 30,2019

Niranjan Shome Appellant
Suchitra Kumar Baidya Respondents


S.TALAPATRA,J. - (1.)Heard Mr. I. Chakraborty, learned counsel appearing for the petitioners as well as Mr. N. Choudhury, learned G.A. appearing for the respondents No.2 & 3. None appears for the respondent No.1 despite due notice from this court.
(2.)By means of this writ petition, the petitioners have questioned the legality of the order darted 27.12.2016 delivered in Revenue case No.32 of 2012 [under Section 95 of the Tripura Land Revenue and Land Reforms Act, 1960, the TRL & LR Act in short] by the Addl. District Magistrate & Collector, Gomati, Tripura. There is no dispute that in the Khatian Nos.129/1 and 129/2 of Mouja- Jitendranagar under Revenue Circle- Udaipur, Sub-Division-Udaipur the land measuring 0.01 acre pertaining to plot No.5757 corresponding to C.S. Plot No.2746/4708(P) has been recorded in the name of one Suchitra Kr. Baidya [the occupier] as the permanent Kurfa. There is no dispute that the owners of the said land are the petitioners before this court and in their name, Khatians No.129/1 and 129/2 of Mouja- Jitendranagar were opened in respect of the said land along its pieces and parcels. But behind their back, the Khatian No.133 of Mouja- Jitendranagmar was opened.
(3.)Being aggrieved, the petitioners instituted a revenue case being Revenue case No.32 of 2012 [under Section 95 of the Tripura Land Revenue and Land Reforms Act, 1960] urging the District Collector to correct the records and restore the position as was recorded in the Khatians No.129/1 and 129/2. Having registered the said revenue case, a field inquiry was directed by the District Collector through the Deputy Collector and Magistrate, Udaipur. In the said field inquiry report dated 15.12.2009, the Tehshildar, Mirja Tehshil Kachari has observed as under:
"After investigation properly being present in the said are and plot it is revel that previous C.S. Plot No.2746/4708 which is presently C.S. Plot No.5757 is having area of 0.1 satak land and presently it is under the control and possession application of the case Niranjan Shome, son of Ashini Kumar Shome of own area and it is in their possession till today."

The said Tehshildar has given the description of C.S. Plot number vis-a-vis the area covering the said land, including the name of the owners and the possessors in the following manner:

Name of Kho. No. Name of Kurfa Address Previous Present Mouja Rayat Kho. No. of Kurfa C.S. Plot Dag No. No. Jitendranagar 129/1,2 Dinesh 133 Suchitra 2746/4708 5757 Ch. Kr. Shome, Baidya, S/O- S/O- Durga Haridhan Charan Baidya of Shome village- own


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