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Tripura High Court · body

2016 DIGILAW 207 (TRI)

Durga Charan Datta, son of late Bhagaban Chandra Datta v. State of Tripura

2016-08-22

U.B.SAHA

body2016
JUDGEMENT AND ORDER : 1. The instant writ petition is filed by the petitioner for a direction to the respondents to register the application filed by the petitioner for correction of Khatian submitted before the respondent no.4, the Sub Divisional Magistrate, South Tripura District, Government of Tripura. It is the further prayer of the petitioner for restraining the respondents from encroaching upon the land of the petitioner mentioned in the schedule-B of this instant writ petition. 2. Heard Mr. A. Bhowmik, learned counsel appearing for the petitioner as well as Mr. TD Majumder, learned Government Advocate appearing for the respondents. 3. The case of the respondent is that the land bearing Dag no. 2214 under Khatian no. 248 standing in the name of the predecessor of the petitioner was a wrong entry made by the Revenue Authority in the respective Khatian of the predecessor of the petitioner. In fact, the said land has been acquired for road in the year 1960 through due process of law. The Title Deed through which the father of the petitioner has purchased the plot of land was excluding the said portion of land under Hal Dag no. 2214 in Khatian no. 248 which now has been taken away from the Khatian of the petitioner. It is also stated that the Revenue Authority has corrected the wrong entry made in the aforesaid Khatian. Thus, the petitioner is not entitled to the relief, sought for. 4. It is admitted position that the petitioner has approached the Revenue Authority for correction of record which is still pending. 5. In view of the above, this Court is of considered opinion that the petitioner is not entitled to the relief sought for, particularly when the matter is related to a disputed fact. The petitioner may take up the matter with the Revenue Authority for disposal of his petition dated 13.05.2014 (Annexure P-6 to the writ petition). The petitioner is directed to approach the respondent no.4 for disposal of the petition (Annexure P-6) within a period of 7(seven) days from today and if the petitioner approaches the respondent no. 4 within the aforesaid period then the respondent no. 4 shall dispose of the same within 1 (one) month from the date of receipt of the petition. Till disposal of the petition of the petitioner, the status-quo, as on today, shall be maintained. Ordered accordingly. 6. 4 within the aforesaid period then the respondent no. 4 shall dispose of the same within 1 (one) month from the date of receipt of the petition. Till disposal of the petition of the petitioner, the status-quo, as on today, shall be maintained. Ordered accordingly. 6. In view of the above, the instant writ petition is disposed of. No order as to costs.