DULAL NATH BHOWMIK Vs. STATE OF TRIPURA

JUDGEMENT

(1.) These appeals arise out of a common judgment of the learned Single Judge dated 17th November 2016 passed in WP(C) Nos.73 and 74 of 2016 respectively. They have been heard together and would be disposed of by this common judgment.

(2.) Facts being similar, we may record from WP(C) No.73/2016 and corresponding WA No.41/2018. These facts are as under :

(3.) The Collector, West Tripura, disposed of the said proceedings instituted by the vendors by an order dated 10th July, 2013. The Collector was principally guided by the decree of Civil Court in case of Shantimoy Chakraborty (supra). He noticed that in the suit, one of the issues raised was whether the suit land is Government Khas land by acquisition or covered by Kabala of the defendant dated 22nd March 1973. The Collector noted that the said issue was decided against the plaintiff holding that the land did not belong to the Education Department but was part of the Kabala of the defendant dated 22nd March 1973. The Collector thereupon passed the following order :