SANKAR SAHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this petition, filed under Article 227 [as converted to] of the Constitution of India, the petitioner has urged this court for issuance of certiorari by quashing the order dated 20.04.2013 (signed on 02.05.2013) by the District Collector, West Tripura in exercise of power conferred by Section 96 of the TLR & LR Act on setting aside the order dated 31.09.2010 (Annexure-4 to the petition) as passed by the Settlement Officer, West Tripura, Agartala in Cases No.423/2008, 424/2008 and 425/2008 under section 95 of the TLR & LR Act, 1960. Further, it has been urged that the respondents No.1, 2 & 3 be directed to give effect of the order dated 31.09.2010 passed by the Settlement Officer in the Cases No.423/2008, 424/2008 and 425/2008 concerning the proceeding land pertaining to Mouja Agartala sheet No.14.

(2.) In a nutshell, the claim of the petitioners is that the petitioners are recorded owners of a common pathway since 1974 and they did never part with the ownership of the common pathway pertaining to Khatian No.4390, CS Plot No.11787 measuring .044 acre under Mouja Agartala Sheet No.14 West Tripura. It has been asserted by the petitioners that oringinally four sons of Ram Kumar Saha namely, Kumud Bandhu Saha, Jaga Bandhu Saha, Anath Bandhu Saha and Balaram Saha were the joint owners of the said pathway having 1/4th share each.

(3.) After death of Kumud Bandhu Saha, the said pathway was recorded in the name of his two sons namely Aswini Kumar Saha and Mohini Mohan Saha having 1/8th share of the said pathway. According to the petitioners, the Khatian No.4390 was finally published on 20.06.1974 during survey and settlement operation reflecting the names of the co-sharers correctly. According to them, the said pathway was illegally recorded as the government khas land in the year 2007. The khatian No.1/43125, RS(Hal) Plot no. 2068 of Mouja Agartala amalgamating CS Plot No.11787 with several other plots. The said pathway was recorded in the said Khatian No.1/34 as re-opened showing the said path usable by the public.