HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_ WP(C) No.1037 of 2022 v. Issue rule calling upon

Heard Mr. P. Sen, learned counsel appearing for the petitioners. Also heard Mr. K. De, learned Addl. G.A. appearing for the respondents. The petitioners have prayed for the following reliefs: i. Admit the instant writ petition. ii. Call for the records relevant from the custody of the respondents. iii. Issue rule calling upon the respondent to show cause as to why a writ of mandamus and/or in the nature thereof, shall not be issued directing, mandating, commanding the State respondents to dispose of the cases vide No.188/Rev/2019 and 148/Rev/2021 filed by the petitioners now pending for disposal before the respondent No.3. AND iv. Issue rule calling upon the respondent to show cause as to why a writ of mandamus and/or in the nature thereof, shall not be issued directing, mandating, commanding the respondent No.2 to deposit the awarded amount into the account of the petitioners after disposing the revenue cases being Nos.

188/Rev/2019 and 148/Rev/2021 pending before the respondent No.3 as the possession of the land has already been taken over the respondent No.2. AND v. Issue rule calling upon the respondent to show cause as to why a writ of certiorari and/or in the nature thereof, shall not be issued directing the State-respondents to produce the case records relating to case Nos. 188/Rev/2019 and 148/Rev/2021. AND vi. After hearing the parties be pleased to make the rule absolute, issuing direction to the respondents.” The case of the petitioners is that the father of the petitioners was the absolute owner and possessor of land measuring 2 kanis 3 gandas of land within Mouja Charipara. The said land was acquired by the State-respondents for construction of Agartala-Akhaura railway line and accordingly, compensation was awarded. After survey settlement it has been found that some portions of land from the land of the petitioners i.e. from Khatian No.1714 has been wrongly/inadvertently mutated in the name of the proforma- respondents, though neither the father of the petitioners nor the petitioners had ever transferred/gifted/sold out any portion of the land to any person till today.

The petitioners have filed revenue cases under Section-95 of the TLR& LR Act, 1960 before the respondent No.3. The petitioners after obtaining clearance certificate also submitted application before the respondent No.2 for correction of record of right and to strike out the illegal names of the pro-forma respondents. In view of above, the respondent authorities are directed to consider the case of the petitioners by correcting the revenue records in accordance with law within a period of two months from the date of receipt of the copy of this order. CHIEF JUSTICE (ACTING) A. Ghosh