Tripura High Court
Smt. Arati Das vs The Dm & Collector & Ors on 19 June, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
WP(C) No. 301 of 2025
Smt. Arati Das
.........Petitioner(s)
Versus
The DM & Collector & Ors.
........Respondent(s)
For Petitioner(s) : Mr. A. De, Advocate.
Mr. R. Hossain, Advocate.
Ms. M. Ali, Advocate.
For Respondent(s) : Mr. P. Gautam, Sr. G.A.
HON'BLE JUSTICE DR. T. AMARNATH GOUD
ORDER
19.06.2025
Heard learned counsel for the respective parties.
[2] This present petition has been filed under Article 226 of the
Constitution of India seeking the following reliefs:-
"i. Admit this petition.
ii. Call for records and after hearing the parties;
iii. Issue writ and/or order directing the respondents to revert or remitted back the said
allotment of land measuring 20 satak passed in the year 1983, and also set aside and
dismiss the order/judgment of DM & Collector Dhalai Jawaharnagar dated 24.04.2025 in
connection with 03/REV/2016 and cancellation of allotment order passed by SDM
Kamalpur dated 26.09.2013 in connection with 03/REV/2013 which is completely false
and fabricated and against the spirit of law and for fair ends of justice.
[3] It is the case of the petitioner that an allotment order was
issued way back in the year 1983 wherein the petitioner alongwith her
husband was allotted with 20 satak of land. After that allotment order, they
were started living there. Subsequently, after a long gap of 30 years in the
year 2013 the SDM & Collector, Kamalpur, Dhalai District without giving any
opportunity cancelled that allotment order. Being deprived, the petitioner
herein filed an appeal before the DM & Collector, Dhalai District, wherein, the
said authority by an order dated 25.04.2017 set aside the cancellation of
allotment order passed by the SDM & Collector, Kamalpur, Dhalai District
thereby directing for fresh hearing. Thereafter, SDM & Collector, disobeying
the order of the appellate authority illegally allotted 8 satak of land to a
third party. Finally, the DM & Collector by an order dated 24.04.2025 upheld
the order of cancellation issued by the SDM & Collector, Kamalpur, Dhalai
District. Being aggrieved, the petitioner herein approached this Hon'ble
Court.
[4] After perusal of the record, this Court feels that reasonable
opportunity needs to be given to the petitioner herein. As per section 93 (2)
(b) of the Tripura Land Revenue and Land reforms Act, 1960 wherein it has
been specifically stated as under :-
"93. (2) A second appeal shall lie against any order passed in
first appeal,-
(a) if such an order is passed under clause (a) of sub-section
(1), to the Collector;
(b) if such an order is passed under clause (b) of sub-section
(1), to the "[State Government];........"
[5] In view of the same, without expressing any opinion on the
merits of the case, this present writ petition is disposed of directing the
petitioner herein to approach before the Revenue Department of the State
Government by filing revision petition under section 93(2) (b) of TLR & LR
Act 1960, against the order dated 24.04.2025 passed by DM & Collector,
Dhalai District within 01 week from today and on receipt of the same the
respondent State Government is directed to decide the same within 03
months by giving an opportunity of personal hearing to the petitioner as
well as the other necessary parties.
With the above observation and direction, this present writ
petition stands disposed of. As a sequel, miscellaneous application(s),
pending if any, shall stand closed.
JUDGE
Paritosh
SABYA Digitally signed
by SABYASACHI
SACHI GHOSH
Date:
GHOSH 2025.06.20
15:45:10 +05'30'
