JUDGEMENT
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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