DEVIKA DEBBARMA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. Somik Deb, learned counsel appearing for the petitioner. Mr. C. S. Sinha, learned counsel appears for the respondents No.1 to 4. None appears for the remaining respondents. The respondents No.5 to 8 are served. So far the respondents No.9 and 10 are concerned, the service is deemed under Order 6, Rule 9(4) of the CPC as the registered notice did not return to the High Court. As such, there is no embargo in hearing this matter.

(2.) The grievance as canvassed in this writ petition falls within a short compass. The petitioner has challenged the legality of the order dated 09.10.2017, Annexure-11 to the writ petition, passed by the Sub- Divisional Magistrate, Gomati Tripura. In the said order it has been observed that in the Court of the Civil Judge (Sr. Div), Gomati District the legal heirs of Juddha Debbarma filed one suit for recovery of the possession vide case No.TS 23 of 2013. The Court had declared their right, title and interest over the suit land, which is the same land under reference in this writ petition. The said issued a decree of recovery of possession by evicting the petitioner and others as well.

(3.) Mr. Deb, learned counsel for the petitioner has submitted that all the field inquiries have noted that the petitioner is in possession of the land under reference pertained in khatian No.1592 RS Plot No.1999/4082, 2032/4083 measuring 5.38 acre.