Ps No. 23 of 2012 · High Court

The instant writ petition is filed by the petitioner, a Company, registered under the Companies Act, being the owner of Binodini Tea Estate, Mohanpur, for quashing the notice dated 13.09.2013, issued by the respondent No.4-Sub-Divisional Magistrate, Mohanpur, West Tripura (Annexure-10 to the writ petition), wherein the petitioner was directed to extract all the standing rubber trees from the specified land and vacate the land as mentioned in the said notice within 23.09.2013. Heard Mr. S. M. Chakraborty, learned senior counsel as assisted by Ms. D. Das, learned counsel appearing for the petitioner as well as Mr. B. C. Das, learned Advocate General, Tripura as assisted by Ms. A. S. Lodh, learned Additional Government Advocate appearing for the State-respondents. As agreed to by the learned counsel for the parties and considering the nature of prayer, the instant writ petition is taken up for final disposal at this motion stage.

The petitioner has purchased the Binodini Tea Estate from Borgang Tea Company by registered sale deed dated 07.03.2007, but the sale deed was not handed over to the petitioner by the respondent No.3 on the ground that stamp duty was not paid in accordance with law. Being aggrieved, the petitioner filed two writ petitions being W.P.(C) No. 403 of 2007 and W.P.(C) No. 189 of 2013 and those writ petitions were disposed of by this Court directing the respondent No.3 to dispose of the Misc. Case No. 01 of 2010 under Section 47A(2) of the Indian Stamp Act, 1985 within a period of three months from the date of receipt of the said order. But even after receipt of the said order, the sale deed was not handed over to the petitioner. On the other hand, the respondent No.2 initiated a separate revenue proceeding under Section 178(4) of the TLR & LR Act, 1960 without giving any final decision in the earlier proceeding under Section 178(4) of the Act, rather vide order dated 13.08.2013 an order was passed by the Secretary, Revenue, Government of Tripura in Case No.REV/PS/23/2012 withdrawing the retention order as well as exemption was allowed to the Tea Garden and thereafter a notice was issued on September 13, 2013 as stated supra.

Hence, the instant writ petition. Mr. Chakraborty submits that the impugned notice was issued without providing the petitioner the copies of the order dated 13.08.2013 passed by the Secretary, Revenue, Government of Tripura-respondent No.2 though the same is the basis for passing the said order. He also submits that the petitioner upon receipt of the impugned notice dated 13.09.2013 made an application to the Sub-Divisional Magistrate, Mohanpur-respondent No.4 on 16.09.2013 requesting him to provide copies of the order dated 13.08.2013 as well as letter dated 11.09.2013 as mentioned in the said notice. Even after receipt of the aforesaid application dated 16.09.2013, the respondents did not supply copies of the order dated 13.08.2013 as well as letter dated 11.09.2013 to the petitioner. Thus, there was no alternative before the petitioner except to approach this Court for quashing the impugned notice dated 13.09.2013.

The learned Advocate General, Tripura, in his usual fairness, submits that it appears from the record that when the matter was taken up for hearing on 13.08.2013, the learned counsel for the respondent- Tea Garden was present before the revenue authority/Secretary, Revenue. However, as the petitioner is not aware about the said order dated 13.08.2013 and the letter dated 11.09.2013, the State-respondents would provide the order as well as the letter to the petitioner within fifteen days. He further submits that the instant writ petition has also become infructuous as the petitioner did not challenge the original order on the basis of which the notice was issued. Considering the above submissions of the learned counsel for the parties and as agreed to by the learned counsel for the parties, the instant writ petition is disposed of in the following terms:- The State-respondents shall supply the copies of the order dated 13.08.2013 passed in Case No.

REV/PS/23/2012 and the letter No.F.32(4)/DM/W/ REV/2012/8003 dated 11.09.2013, written by the District Magistrate & Collector, West Tripura, Agartala within two weeks from today to the petitioner and thereafter the petitioner may submit appropriate application before the appropriate forum, if so advised, within one month from the date of receipt of the order dated 13.08.2013 and letter dated 11.09.2013 and till then the respondents shall not take any steps on the basis of the notice dated 13.09.2013 (Annexure-10 to the writ petition). A copy of this order be furnished to the learned counsel for the parties. Download Date: 8-05-2017 16:05