The State Of Tripura And Others vs Smt. Mohanbala Tripura
2021 Latest Caselaw 734 Tri

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                       HIGH COURT OF TRIPURA
                             AGARTALA
                             W.A. No.137/2021
The State of Tripura and others
                                                             ----Appellant(s)
                                        Versus
Smt. Mohanbala Tripura
                                                          -----Respondent(s)

For Appellant(s) : Mr. Debalay Bhattacharjee, G.A., Mr. S. Saha, Advocate.

For Respondent(s)                 : Mr. P.K. Ghosh, Advocate.

         HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
          HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY

                                        Order
19/07/2021
(Akil Kureshi, C.J.)

This appeal is filed by the State Government to challenge the

judgment of the learned Single Judge dated 05.10.2020 passed in WP(C)

No.1320 of 2017. The petition was filed by the respondent herein to challenge

an order dated 22.08.2017 passed by the District Collector, Dhalai by which

he corrected the land records and effectively cancelled allotment of land in

favour of the petitioner primarily on the ground that the land so allotted was

by way of an error and being a forest land could not have been allotted to a

private individual. The learned Single Judge quashed the order on the limited

ground that no notice was issued to the petitioner before taking such adverse

action against her. While setting aside the order, therefore, the learned Single

Judge permitted the department to proceed further after issuing proper notice

and giving an opportunity of hearing to the petitioner.

We see absolutely no reason to interfere with this order. When

the allotment had stood in the name of the original petitioner for over 40

years, even if such allotment was on the basis of some factual error, could not

have been cancelled without hearing her. In any case, learned counsel for the

original petitioner stated that the Government has already implemented the

said judgment of the learned Single Judge and issued a notice and passed

fresh order. In that view of the matter, this appeal is dismissed.

Pending application(s), if any, also stands disposed of.

   (S.G. CHATTOPADHYAY), J                        (AKIL KURESHI), CJ




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