Tripura High Court
For The vs For The on 9 December, 2022
HIGH COURT OF TRIPURA
AGARTALA
WA 144 OF 2022
Mohanlal Baspar Vrs. The State of Tripura & Ors.
For the appellant(s) : Mr. P. Roy Barman, Sr. Advocate.
Mr. Koomar Chakraborty, Advocate.
For the respondent(s) : Mr. D. Sarma, Addl. G.A.
HON'BLE MR. JUSTICE ARINDAM LODH
HON'BLE MR. JUSTICE S.G.CHATTOPADHYAY
Order
09.12.2022
(A. Lodh, J)
Heard Mr. P. Roy Barman, learned senior counsel assisted by Mr.
K. Charkaborty, learned counsel appearing for the appellant. Also heard Mr.
D. Sarma, learned Addl. G.A. appearing for the State-respondents.
The challenge is here the order dated 20.06.2022, passed in
WP(C) No.772/2020. The relevant portion of the said order under challenge
may be reproduced here-in-below:-
"[12] During the course of argument when the court has asked for
the allotment and authorization given to the father of the petitioner to
occupy the subject land in question, the petitioner failed to produce any
such document. Even for a moment, if it is presumed that the father of the
petitioner working as a sweeper was allowed to continue to live at the
said land that was only for the purpose providing him shelter in order to
render his service. But, it is not by way of inheritance that the said land
would devolve upon the petitioner after the demise of his father. No such
right has been accrued and no such right, title, interest has been
expressly conferred upon the petitioner by any competent authority or by
the government. The petitioner has failed to convince this court in this
regard. Admittedly, the petitioner is an unauthorized occupant and he is
working in BSNL Department. Prima facie the petitioner failed to
convince this court with regard to his lawful right, title interest upon the
said property and the rights being accrued upon him by way of
inheritance in respect of the subject land. Considering the request made
by the petitioner that he is in possession of the land since long period, this
court considers some reasonable time for vacating the property.
Accordingly, three months time is allowed for vacating the property and
hand over the same to the respondents."
The case of the petitioner in the writ petition was that he was
occupying the questioned land for more than 60 years. Suddenly, he received a
letter of eviction from the D.M. & Collector, North Tripura, Dharmanagar.
The petitioner submitted representation against the proposed eviction, which
was rejected. The petitioner, then, filed writ petition seeking for a direction
restraining the State-respondents from evicting him from the land in question.
Learned Single Judge while disposing the writ petition [WP(C) No.1340 of
2019] had passed the following directions vide order dated, 22.01.2020.
"It is undisputed that the petitioner is occupying Government land.
In absence of any specific Government policy for allotment of land looking
to the special needs of a class of citizens, direction for such allotment can be
issued. However, considering the fact that the petitioner is occupying such
land since over 60 years and over which he has also build a house where he
is residing with his family, let the petitioner apply to the Government for
grant of the land on market rate. The petitioner shall make such an
application within a period of 2(two) weeks from today indicating his
willingness to pay the market rate as may be fixed by the Government if it
decides to grant the land to the petitioner. If such an application is made
within the time prescribed, the competent authority shall consider the same
and decide in accordance with law preferably within a period of 6(six)
months from date of receipt of the application. Till decision is taken on the
application, the petitioner shall not be evicted from the said place. Needless
to state, if the petitioner is aggrieved by the decision of the Government in
this respect, it would be open for the petitioner to seek legal remedies.
With these directions, petition is disposed of. Pending application(s),
if any, also stands disposed of."
In compliance of the aforesaid order, the petitioner submitted
representation on 17.02.2020, the said representation is reproduced which is as
under:
"1.To
The DM & Collector,
North Tripura.
2.The Estate Officer (SDM)
Dharmanagar,
1) That, I do hereby in terms of the direction given by the Hon'ble High
Court by Order, dated, 22.01.2020. expressed my willingness and
readiness to purchase the homestead land measuring 0.600 acre, under
Khatian No.9/11, Present C.S. Plot no.6179, situated within
Mouja:Dharmanagar, Tehsil: Deharmanagar.
2) That, I made prayer for obtaining the Certified Copy of the Order,
dated, 22.01.2020, by the Hon'ble High Court in WP(C) No.1340/2019 on
24.01.2020 and Certified Copy was made available to me on 03.02.2020.
3) That, I filed WP(C) No.1340/2019, before the Hon'ble High Court
challenging the Order, dated 29.08.2019, passed by the Estate Officer
(SDM) Dharmanagar, and the Order, dated, 25.09.2019, was passed by
the District Collector, North Tripura.
4) That, the Hon'ble High Court by Order, dated, 22.01.2020, disposed of
the WP(C) No.1340/2019, in terms of the direction given by the Hon'ble
High Court, I do hereby submit the instant application to your good office
offering my willingness and readiness to purchase the aforesaid land on
market rate.
Dated 17.02.2020
Enclo: A copy of the Order,dated,22.01.2020
Yours faithfully,
Sd/-
(Mohanlal Baspar)"
Thereafter, the DM & Collector, North Tripura, Dharmanagar,
issued a direction upon the Sub-Divisional Magistrate, Dharmanagar, North
Tripura to initiate land allotment proposal maintaining all formalities along
with appropriate assessed premium in favour of Sri Mohanlal Baspar, S/o Lt.
Rajaram Baspar i.e. the appellant-petitioner herein and the SDM,
Dharmanagar was further requested to send the said proposal to the DM &
Collector, Dharmanagar immediately. All on a sudden, a notice of eviction,
dated 12.11.2020, was issued asking the petitioner to vacate the land in
question. Being aggrieved, the petitioner filed another writ petition which was
registered as WP(C) 772/2020. The learned Single Judge of this court vide
order dated 20.06.2022 had dismissed the writ petition maintaining the order
of eviction as mentioned in the notice dated 12.11.2020.
At the time of hearing of this appeal, Mr. D. Sarma, learned Addl.
G.A. appearing for the State-respondents has submitted that Public Works
Department, Govt. of Tripura is the title holder of the land in question.
After perusal of the record, it appears to us that this plea of the
State-respondents was considered by learned Single Judge while disposing the
writ petition bearing No.WP(C) 1340/2019. As such the said submission of
learned Addl. G.A. deserves no further consideration.
It is clear from the records that the Revenue Department as well
as the DM & Collector, North Tripura was impleaded as necessary parties in
the writ proceedings. All lands under the State of Tripura are vested with the
Revenue Department, Govt. of Tripura. Therefore, for the present purpose, it
is immaterial which department actually possesses the land in dispute.
We have perused the order dated 22.01.2020 and considered the
same. According to us, after considering all aspects, learned Single Judge [A.
Kureshi, CJ as he was then] had passed an order in WP(C) No.1340 of 2019
directing the State authorities to consider the issue and grant the land to the
petitioner if an application is made by him within two months in terms of the
said judgment. The DM & Collector, North Tripura, i.e. the Govt. of Tripura
seems to have initiated action in terms of the said judgment. As we have said
earlier, the petitioner was also personally heard and thereafter decision was
taken to allot the land in favour of the petitioner and for that purpose the DM
& Collector directed the SDM, Dharmanagar to complete the formalities and
send the report to the DM & Collector, North Tripura immediately, vide letter
dated 05.03.2020. In this view of the matter, the plea taken and urged before
us that Public Works Department is the owner of the land is of no relevance
and it is immaterial.
In the light of the above, the subsequent notice of eviction dated
12.11.2020 asking the petitioner to vacate the land in question and the order
dated 20.06.2022, passed in WP(C) 772/2020, are not in tandem with the issue
already resolved by the parties.
Since a new case other than the case projected by the petitioner is
made out in the judgment dated 20.06.2022 passed in WP(C) 772/2020, we are
unable to agree with it. Resultantly, the eviction notice dated 12.11.2020,
issued by the Estate Officer (Sub-Divisional Magistrate) Dharmanagar, North
Tripura stands set aside.
The State Government, particularly, the DM & Collector, North
Tripura is requested to complete necessary formalities with regard to
allotment of the land in favour of the petitioner. The entire process shall be
completed within a period of 6(six) weeks from today.
With the aforesaid directions and observations, the instant writ
appeal stands allowed and disposed.
Pending application(s) if any, shall also stand disposed.
JUDGE JUDGE
sanjay
