Gosai Mohan Jamatia v. State of Tripura, represented by the Secretary to the Government of Tripura in the Revenue Department
2017-08-10
S.TALAPATRA
body2017
DigiLaw.ai
JUDGMENT : Heard Mr. A.K. Bhowmik, learned senior counsel, assisted by Mr. R. Dutta, learned counsel appearing for the petitioner as well as Mr. G.S. Bhattacharjee, learned counsel appearing for the respondents. 2. By means of this petition, the petitioner has urged this Court for restraining the respondents from interfering with the peaceful possession of the petitioner over the land measuring 4.44 acre pertaining to Khatians No.132 and 371, Plots No.915, 916 and 917 of Mouja Purba Daluma under Tehsil Malbassa, Gomati District. 3. The petitioner has become apprehensive as some Government officials have repeatedly visited his land and entered inside the boundary without his permission. Further, he has heard that a proposal for establishment of a Government school has been approved and he is further apprehensive as he heard that the said school might be set up over his land where the rubber plantation of five years old is standing. 4. Mr. Bhowmik, learned senior counsel appearing for the petitioner has submitted that the land, as stated is recorded in the record of rights being Khatian No.132 and Khatian No.371(Annexure-1 and 2 of the writ petition). 5. From perusal of the khatians it appears that under Column 6 the petitioner has been recorded as the allottee. This writ petition, according to this Court, is entirely premature. If some Government officers had entered that might not alone create any cause of apprehension. However, if the respondents do have any plan of setting up of any school over the land of the petitioner, it is needless to say, they can only come into possession on observing the due process of law. Without observing the due process of law, the Government officers are not supposed to interfere with the possession of the petitioner’s land. 6. Mr. Bhattacharjee, learned counsel appearing for the respondents has submitted that such apprehension has no ground. At the same time, he has submitted that if the land is required for setting up of any school, the respondents shall definitely follow the acquisition process or acquire the same by any other means as permitted by law. 7. In view of the statement made by Mr.
At the same time, he has submitted that if the land is required for setting up of any school, the respondents shall definitely follow the acquisition process or acquire the same by any other means as permitted by law. 7. In view of the statement made by Mr. Bhattacharjee, this writ petition is disposed of with the following direction: Without following the due process of law, the possession of the petitioner over the land as recorded under Khatians No. 132 and 371 of Mouja Purba Daluma under Tehsil Malbassa shall not be disturbed in any manner. However, the said restraint shall be restricted only to the land recorded under those Khatians as mentioned above. 8. There shall be no order as to cost. 9. A copy of this order be furnished to Mr. G.S. Bhattacharjee, learned counsel appearing for the respondents.