Judgment · High Court

Mr. R chakraborty, Adv. Mr. K De, Addl. GA. HON’BLE MR. JUSTICE S. TALAPATRA Order

02.05.2022 Heard Mr. R Chakraboroty, learned counsel appearing for the petitioner as well as Mr. K De, learned Addl. GA appearing for the respondents. According to the petitioner, he had filed the petitions under Section 187 of the TLR & LR Act, 1960, for restoration of his land, which is under possession of some persons, not belonging to the tribal community. But no name has been disclosed in the entire petition. For restoration of the land belonging to Khatian No.624/1, 624/2, 624/3 and 624/4 of mouja East Noagaon, West Tripura measuring 9 kani approximately, the restoration case being case No. 01/R/2010 and was filed before the Sub-Divisional Magistrate, Jirania. As stated by Mr. Chakraborty, learned counsel appearing for the petitioner, the restoration case being No.01/R/2010 under Section 187 of TLR & LR Act, 1960, is still pending after twelve years and there is no progress. The petitioner has also launched another restoration case being No.02/R/2010. It has been revealed under Right to Information disclosure that the case record of the said proceeding is not traceable in the revenue section of the office of the Sub-Divisional Magistrate, Sadar. This court is really surprised and shocked to note that different causes have been couched in a writ petition. However, the court undoes the same for substantive justice. Mr. K De, learned Addl. GA appearing for the respondents has submitted that it has been revealed by the sample information as delivered to the petitioner under Right to Information Act, 2005 by the communication dated 07.04.2021 (Annexure-4 to the writ petition) that the records of the case No.02/R/2010 under Section 187 TLR & LR Act, 1960, are not traceable in the revenue section of the SDM’s office and there is the roadblock. Having appreciated the submission of the learned counsel for the parties, the Sub-Divisional Magistrate, Jirania Sub-Division is directed to dispose of the restoration case No.01/R/2010 under Section 187 of TLR & LR Act, 1960 within a period of six months without fail. The petitioner is directed to co-operate earnestly in that proceeding. It is made clear that if the petitioner does not discharge his obligation in the proceeding and within the time as would be stipulated by the Sub-Divisional Magistrate, Jirania, West Tripura, the SDM will be at liberty to pass the appropriate order, even beyond merit. So far as the case No. 02/R/2010 is concerned, as the petitioner did not retain a copy of the petition filed under Section 187 of TLR & LR Act, 1960, as stated by Mr. R Chakraborty, learned counsel, the petitioner is directed to file a fresh petition on the same cause if he is sincere about the relief, as sought for. All endeavours shall be taken to complete the proceeding within a period of eight months from the date of filing of the said fresh petition under section 187 of the TLR & LR Act. In terms of the above, this petition stands disposed of. It is made absolutely clear that this court has not even observed if the restoration petitions under Section 187 of the TLR & LR Act are maintainable or whether the petitions deserve inquiry or the order of eviction. The Sub Divisional Magistrate shall decide the maintainability and the merit of the claim of the petitioner without being influenced in any manner by this order. In terms thereof, this petition stands disposed of. No order as to costs. JUDGE satabdi