Tripura High Court
Anowar Hossain vs The State Of Tripura And Others on 16 March, 2022
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
W.A. No.84/2018
Anowar Hossain
----Appellant(s)
Versus
The State of Tripura and others
-----Respondent(s)
For Appellant(s) : Mr. Kohinoor N Bhattacharjee, Advocate.
For Respondent(s) : Mr. Debalay Bhattacharjee, G.A.,
Mr. Soumyadeep Saha, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
16/03/2022
(Indrajit Mahanty, C.J.)
Heard learned counsel Mr. Kohinoor N Bhattacharjee appearing
for the appellant and learned Government Advocate Mr. Debalay
Bhattacharjee assisted by learned counsel Mr. Soumyadeep Saha on behalf
of the respondents-State.
This writ appeal has come to be filed against order of dismissal
of writ petition by the learned Single Judge vide order dated 31.05.2018
dismissing WP(C) No.428 of 2018 inter alia on the ground that the writ
petitioner had already filed a civil suit as reflected in paragraph-7 of the
impugned judgment.
It appears that the learned counsel for the appellant herein as
reflected from order sheet dated 26.04.2021 submitted before this Court that
the land belonging to the petitioner was being used by a Government school
for its playground without acquiring the same and not vacating the same in
favour of the petitioner.
A counter affidavit has come to be filed by the State in the
present appeal since the writ petition had been dismissed at the stage of
admission itself and no opportunity of filing a reply had been given to the
State at that stage. In the counter affidavit, the State has averred in
paragraph-11 as follows:
"11. That, with respect to paragraph-7, I say that the
Revenue Court Case No.10/2014 under Section 95 of the TRL
& LR Act 1960 filed by the petitioner had been disposed of
vide order dated 18.04.2015.
It is also submitted that the petitioner had filed a
separate Civil Case vide No.12 of 2016 before the Court of
Civil Judge, Junior Division, Court No.2, Sonamura which is
pending for adjudication.
It is submitted that the averment made by the petitioner
that he repeatedly requested the school authority of Nalchar
High School to vacate the land measuring 0.03 acre of Plot
No.1722 is denied as there is no such evidence available that
said land was used to grow paddy seedling twice in a year and
the petitioner used to earned Rs.12000/- per year as the said
land has been vacant for about 65 years nobody including the
petitioner made any claim for the said land. Thus the original
owner also lost the right, title and interest in respect of the
said land alleged further of the petitioner Lt. Korban Ali and
the original Korban Ali were/are not the same person. It is for
the petitioner to prove with sufficient documents that his
claim is right. The land is now used as Auto Stand which is
not under the possession of Nalchar High School.
It is also submitted that reply of the Advocate Notice
was sent to the petitioner in time.
Hence, the writ appeal may kindly dismissed by this
Hon'ble Court."
On the basis of such averments made by the State, it is clear
that the appellant has filed a Civil Suit No.12 of 2016 before the Court of the
Civil Judge, Junior Division, Court No.2, Sonamura which is pending
adjudication and it is stated in the aforesaid paragraph that "the land is now
used as Auto Stand which is not under the possession of Nalchar High
School."
In view of the aforesaid stand taken by the State, the appellant
is at liberty to pursue his civil suit and no illegality is found in the order
impugned.
Accordingly, the appeal stands dismissed.
Pending application(s), if any, also stands disposed of.
(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ
Pulak
