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2014 DIGILAW 258 (TRI)

Manabendu Das Choudhury v. State of Tripura

2014-07-03

S.C.DAS

body2014
JUDGMENT S.C. Das, J. 1. Heard learned counsel Mr. D.K. Biswas for the petitioner and learned Sr. counsel Mr. D. Chakraborty assisted by learned counsel Ms. N. Majumder for the State-respondents. 2. The writ petition is taken up for final disposal at the admission stage itself in the presence of learned counsel of both side. 3. The petitioner, a citizen of India and a permanent resident of Dharmanagar, being an unemployed educated youth, under the then existing Government policy, was proposed to allot a compact area of land measuring 2.30 acres at Mouja Hurua in lieu of a Govt. employment in the year 1977. Thereafter a proposal for allotment of the said 2.30 acres of land recorded in Khatian No. 3899, Plot Nos. 8551,8551/8718 and 8550/8718 of Mouja Hurua was made and it was settled for allotment. Khatian was prepared in the name of the petitioner. A certificate to that effect was given by S.D.O., Dharmanagar dated 04.07.1977 (Annexure-1 to the writ petition) and a copy of the Khatian No. 3899 in the name of the petitioner also annexed as Annexure-2 to the writ petition. The physical possession of the land was handed over to the petitioner as per Annexure-1 to the writ petition and the petitioner started activities on the land proposed for allotment as per the Govt. decision and he applied for a fishery loan to excavate a pond on the land proposed to be allotted and the Superintendent of Fisheries, Northern Zone, Dharmanagar by letter dated 16.01.1978 (Annexure-3 to the writ petition) recommended an amount of Rs. 2500/- for excavating a pond for fisheries purpose in an area of 1.25 acres of land and accordingly fishery loan was sanctioned in his favour. The petitioner also stated that Forest Department by letter dated 14.02.1978 with a forwarding note dated 17.02.1978 issued no objection (Annexure-4 to the writ petition) to the allotment proposal in favour of the petitioner. The petitioner also contended that considering the no objection certificate issued by the Forest Department and also considering the Govt. order regarding the proposed allotment the Sub Divisional Officer, Dharmanagar by writing letter dated 28.09.1992 (Annexure-5 to the writ petition) forwarded the proposal for allotment with the approval of Sub Divisional Allotment Committee to the Assistant Survey and Settlement Officer, Dharmanagar for taking necessary action. order regarding the proposed allotment the Sub Divisional Officer, Dharmanagar by writing letter dated 28.09.1992 (Annexure-5 to the writ petition) forwarded the proposal for allotment with the approval of Sub Divisional Allotment Committee to the Assistant Survey and Settlement Officer, Dharmanagar for taking necessary action. The petitioner also brought on record that he was given subsidy on the amount of loan he has taken for excavation of the pond and the copy of the letter is annexed as Annexure-6 to the writ petition. 4. Since the Khatian was prepared in the name of the petitioner for the proposed allotted land but subsequently it was again recorded in Khas Khatian, the petitioner filed an application under Section 11(3) of TLR and LR Act, 1960 before the Collector, North Tripura, Dharmanagar vide Revenue Case No. 1 of 2012 and the Collector by order dated 25.07.2012 directed SDM, Dharmanagar to initiate the fresh allotment proposal in the name of the petitioner as a special case in order to regularize the handing over of possession of 2.30 acres of land. The petitioner is aggrieved since subsequent thereto the Allotment Committee vide their resolution dated 16.09.2013 refused the allotment proposal and the petitioner obtained a copy of the same through RTI and the copy is marked as Annexure-8 to the writ petition. 5. The respondents did not file any counter affidavit. However, learned Sr. counsel Mr. Chakraborty with all his fairness has submitted that the petitioner may further approach the Allotment Committee to consider his prayer. 6. From the documents annexed it is amply clear that in year 1977, taking into consideration, the petitioner as an educated unemployed, in lieu of an employment, a proposal was made to allot him a compact area of 2.30 acres of land at Mouja Hurua recorded in Khatian No. 3899, Plot Nos. 8551, 8551/8718, 8550/8718. Annexure-1, a copy of the certificate dated 04.07.1977 though cannot be said to be an order of allotment but is clear enough that the land was settled in favour of the petitioner for fishery purpose and Annexure-3 shows that a fishery loan of Rs.2500/- was settled in favour of the petitioner. Annexure-6 shows that a loan of Rs.1,00,000/- (rupees one lakh) was granted in favour of the petitioner and a subsidy of Rs.25,000/- was allowed. Annexure-6 shows that a loan of Rs.1,00,000/- (rupees one lakh) was granted in favour of the petitioner and a subsidy of Rs.25,000/- was allowed. Annexure-5 shows that in year 1992 considering the no objection certificate of the Forest Department and other relevant records SDO, Dharmanagar proposed for allotment of the land in favour of the petitioner and requested Assistant Survey and Settlement Officer, Dharmanagar, Revenue Circle to take appropriate action. Order passed by the District Magistrate and Collector on 23.07.2012 in the Revenue proceedings also shows that the District Magistrate directed SDM to initiate allotment proposal afresh to regularize the handing over of possession which was made in the year 1977. 7. While the loan was settled in favour of the petitioner in lieu of a job in the year 1977 and the petitioner taking loan from the Govt. excavated a pond and started his livelihood from the settled land, there is no reason at all for the Allotment Committee to reject the proposal of allotment after about 37 years. 8. I, therefore, find it a fit case to interfere with the decision of the Allotment Committee, which has assigned no reason at all as to why the proposal of allotment in favour of the petitioner has been rejected and therefore, the decision of the Allotment Committee dated 16.09.2013 (Annexure-8 to the writ petition) in respect of the petitioner is set aside and quashed. 9. The respondents are directed to regularize the settled land by issuing order of allotment in favour of the petitioner on payment of the requisite premium within 3(three) months from today. 10. With the above direction, the writ petition stands disposed of. 11. Learned Sr. counsel Mr. D. Chakraborty for the respondents prays for furnishing a copy of this order for compliance. Supply copy of the order to learned Sr. counsel Mr. Chakraborty free of cost. 12. Parties to bear their own costs.