Judgment · High Court

Party Name : SMT. DIPALI BHOWMIK & 3 ORS. Vs THE STATE OF TRIPURA & 3 ORS. HON''BLE MR JUSTICE S.TALAPATRA Mr. D.P. Datta, learned counsel appearing for the petitioners. Also heard Mr. S. Chakraborty, learned Addl. Govt. Advocate appearing for the respondent Nos. 1 and 2 as well as Mr. Samarjit Bhattacharjee, learned counsel appearing for the respondent Nos. 3 and 4. Since by the order dated 07.04.2012 (Annexure-8 to the writ petition) passed in Appeal Case No.04/2012 (under Section 93(1) of the TLR & LR Act, 1960), the Secretary, Revenue, Govt. of Tripura held that appeal filed by the petitioners under Section 93(1) of the TLR & LR Act, 1960 is not maintainable against the order dated 24.02.2012 passed by the Collector under Section 96 of the TLR & LR Act in the review proceeding initiated by the respondents No.3 and 4 against the order dated 12.11.2010, the order dated 24.02.2012 (Annexure-6 to the writ petition) passed in the Revenue Case No.106/2011 (under Section 96 of the TLR & LR Act, 1960) passed by the District Collector, West Tripura has been challenged in this petition.

It appears that by the order dated 12.11.2010 (Annexure-4 to the writ petition) passed in Rev. Case No. 493/2006 (under Section 95 of the TLR & LR Act, 1960), the District Collector, West Tripura held that since a Title Suit has already been filed by the opposite parties (the respondents No. 3 and 4) on the same land and an interim injunction has already been issued by the Civil Court, the proceeding of the said case shall remain stayed till disposal of the Title Suit. The said order dated 12.11.2010 has been sought to be reviewed under Section 96 of the TLR & LR Act, 1960 by the respondents No. 3 and 4. The appeal against the said order as stated was dismissed as not maintainable. Compelled thus, the order dated 24.02.2012 has been challenged in this writ petition. For appreciation, the relevant part of the said order dated 24.02.2012 is excerpted hereunder : “The matter of the instant case was referred to the Law Department through Revenue Department vide this office file No.F.16(45)/DM/ REV/2009 (Shadow) for views.

Views is received from Law Department in the file. The file is treated as part and parcel of the case. Hence it is ordered that :- 1. This court does not feel for further dragging the case and dropped the case. 2. Order dated 12/11/10 in Revenue Case No.493/06 u/s 95 of the TLR & L.R. Act, 1960 is vacated and will be heard regular way. 3. Ask to both side Ld. Advocate to submit written statement on the whole issue in earlier Revenue Case No.493/06 u/s 95 of the TLR & LR Act, 1960 on next date of hearing. 4. Next date of hearing is fixed for hearing on 19/04/12 at 3 P.M.” It appears that the review proceeding has been abruptly determined without assigning any reasons whatsoever why the order dated 12.11.2010 under Section 95 of the TLR & LR Act, 1960 has been vacated. The observation as recorded in the order dated 12.11.2010 that when the Civil Suit being No. T.S.114/2010 is pending in the court of the Civil Judge (Sr.

Divn.) No.2, Agartala, the revenue proceeding should not be proceeded, prima facie does not suffer from any irregularity. As such the order dated 24.02.2012 is interfered with and set aside. The District Collector, West Tripura is directed to determine the review proceeding afresh affording the parties fair opportunities of hearing and pass the order on recording reasons and alive of the limitation that the law imposes to review a judgment/order. The petitioner will be at liberty to approach this court, if aggrieved by the order of the District Collector, West Tripura. The writ petition is accordingly disposed of. No order as to cost. Download Date: 8-05-2017 16:05