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2017 DIGILAW 53 (TRI)

Dipali Dey, wife of late Madhusudan Dey v. State of Tripura

2017-01-20

S.TALAPATRA

body2017
Judgment and Order : 1. Heard Mr. D. K. Biswas, learned counsel appearing for the petitioner as well as Mr. S. Chakraborty, learned Addl. GA appearing for the respondents No.1 and 2 and Mr. K. K. Pal, learned counsel appearing for the respondent No.3. 2. By means of this writ petition, the petitioner has challenged the order dated 01.08.2013 delivered in Rev. Case No.219 of 2008 by the District Collector, West Tripura. 3. The petitioner has simply stated that before passing the said order dated 01.08.2013, she was not given any notice at all and the order which had been passed in her favour by the same District Collector on 08.12.2012 in the said Revenue Case No.219 of 2008 under Section 95 of the TLR and LR Act, 1960 has been reversed. In the order dated 08.12.2012, it has been observed by the District Collector as under: “After hearing and as per submission of Ld. Lawyer of first party this Revenue Court u/s.95 of TLR & LR Act, 1960 is convinced to order that the land of first party bearing Plot No.5031 under sheet No.2/2 of Mouja-Indranagar has been restored as per record of her mutation khatian bearing No.3118 CS plot Nos.2332/20268 whose RS Plot No. is 5029 and CS Plot No.2333 whose RS Plot No. is 5028 area measuring 0.13 acres.” 4. But by the impugned order dated 01.08.2013, the said order dated 08.12.2012 has been cancelled in the following words: “In the fact stated above, this Revenue Court concluded considering the fact that as per both C. S. and R. S. Record the classification of instant land is path vide R. S. Plot No.5031 of Khatian No.5011, in Mouja-Indranagar has been using adjacent habitants and the DCM, Sadar Revenue Circle has been recommended not to pass order in favour of Smt. Dipali Dey as land in question has not under her possession. This Revenue Court is convinced to order that the decision passed U/S.95 of TLR & LR Act, 1960 on 28.12.2012 has been cancelled and existing classification in plot No.5031 of Khatian No.5011 is allowed to stay as it is.” 5. Mr. Chakraborty, learned Addl. GA from the reply filed by the District Collector could not show that any notice was at all issued or the requirement to exercise the review jurisdiction by the District Collector has been properly followed. Mr. Chakraborty, learned Addl. GA from the reply filed by the District Collector could not show that any notice was at all issued or the requirement to exercise the review jurisdiction by the District Collector has been properly followed. More striking is that in the para-17 of the counter affidavit, the District Collector has stated that “....... review order was on Suo Moto basis and limit period is at any time. So question of filing petition within 90 days does not arise.” But nowhere in the reply, it has been stated whether for avoiding the bar of limitation as prescribed under Section 96(2) of the TLR & LR Act, 1960, the review was taken up with prior sanction from the appropriate Government. There is not a murmur in this regard in his reply. However, this court is of the view that when no opportunity was afforded to the petitioner to have her say in the said review proceeding, the proceeding for infraction of fairness as well as of the procedure as prescribed is vitiated. 6. Having observed thus, the impugned order dated 01.08.2013 passed in Rev. Case No.219 of 2008 by the District Collector, West Tripura stands quashed. However, if the District Collector is of the view that he would like to pursue with the review proceeding, before taking any decision, he shall invariably issue notice to the petitioner affording her to raise all the objections against the proceeding and the ‘reasonable opportunity’ in that event would mean giving adequate time to the petitioner to file the reply. 7. In the result, this petition stands allowed to the extent as indicated above. There shall be no order as to cost. A copy of this judgment and order be furnished to Mr. S. Chakraborty, learned Addl. GA for his doing the needful. The records of the revenue proceeding (Rev. Case No.219 of 2008) as produced before this court be returned through the Office of Mr. S. Chakraborty, learned Addl. GA.