Judgment · High Court
Case at a glance
Outcome
Allowed
petition stands allowed and thus, disposed of
Provisions considered
Judgment
Mr. P. K. Biswas, Sr. Advocate Ms. S. Debbarma, Advocate Mr. D. Bhattacharya, GA Mr. D.C. Saha, Advocate HON’BLE MR. JUSTICE ARINDAM LODH Order
01.11.2022 Heard Mr. P.K. Biswas, learned senior counsel assisted by Ms. S. Debbarma, learned counsel appearing for the petitioner. Also heard Mr. D. Bhattacharya, learned GA assisted by Mr. D.C. Saha, learned counsel appearing for the State-respondents. This is a petition filed by the petitioner for implementing the order passed by the Collector, South Tripura, Belonia vide order dated
24.03.2017, wherein, the Collector had passed the following order: “...Heard both the parties. As proposed by the 1st party through counsel, Ld. Advocate Shri Promode Sahu, the 1st party has no objection if an alternate path is made through the North side of R.S. Plot No. 914 (North to West) which is recorded in her name. After perusal of all case records it is ordered that U/S 11 (3) of the TLR & LR Act, 1960, correction of Khatians is to be done. Therefore, out of land measuring 0.16 acre of C.S. plot No. 703/p, R.S. Plot No. 914, Khatian No. 2405, Mouza: Jolaibari, Tehsil: Jolaibari, which is recorded in favour of Smt. Manu Majumdar (Datta), W/o Shri Manik Datta, land measuring 0.05 acres with breadth 3 (three) metres from North to West direction is to be transferred from the concerned Khatian and recorded in favour of Govt. of Tripura and is to be treated as Path. Correspondingly, out of land measuring 0.11 acres of C.S. Plot No.
703/p, R.S plot No. 912, Khatian No. 1/10, Mouza: Jolaibari, Tehsil: Jolaibari, which is presently recorded in favour of Govt. of Tripura as „Path‟, land measuring 0.05 acres be transferred from the said Khatian and recorded in favour of the 1st Party, i.e. Smt. Manu Majumdar (Datta), W/o Shri Manik Datta. Necessary corrections of record are to be made accordingly by the SDM, Santirbazar who shall also make arrangements for formation of the alternative path (Kutcha path as the existing path is also katcha) through BDO, Jolaibari, for the users of existing path. Till the completion of the new path, the local inhabitants will be allowed to use the existing path. Thus, the proceeding is hereby disposed off.” Mr. Biswas, learned senior counsel has submitted that till today the order passed by the Collector has not been implemented by the SDM, Santirbazar or by BDO, Jolaibari. It is very unfortunate that the lower hierarchy of the administration is not following the order of the higher hierarchy.
Operative part
The pathway has yet not been constructed though the order was passed on 24.03.2017. In the meantime, substantial delay has been caused due to utter negligence of the SDM and BDO. Hence, I am compelled to direct the respondents to construct the pathway in terms of the direction dated 24.03.2017 passed by the Collector within a period of 2 (two) weeks from today, otherwise, this court will have no other alternative but to initiate comtempt of Court proceedings against the respondents. Accordingly, it is directed to the respondents to implement the order dated 24.03.2017 passed by the collector within a period of two weeks. With the aforesaid observations and directions, the instant writ petition stands allowed and thus, disposed of. JUDGE Rohit
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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