UTPAL DATTA Vs. ASST. GENERAL MANAGER (HQ) BSNL

JUDGEMENT

(1.) This is petition under Article 226 of the Constitution of India for invoking the supervisory jurisdiction of the Hon'ble High Court for quashing and cancelling the judgment dtd. 11/7/2022 passed by the District Judge, West Tripura, Agartala in Misc. Appeal No.11 of 2022. The petition has been filed for also quashing and cancelling the order dtd. 16/4/2022 passed by the Estate Officer, BSNL Tripura BA, Agartala (Asstt. General Manager (HQ) O/o the GMTD, BSNL, Agartala 799001. The petitioners also prayed for passing an ad interim stay order, staying the operation of the judgment, dtd. 11/7/2022 passed by the District Judge, West Tripura, Agartala in Misc Appeal No.11 of 2022 and the impugned order dtd. 16/4/2022 passed by the Asstt. General Manager (HQ) O/o the GMTD, BSNL, Agartala, whereby directing the petitioners to vacate the premises as described in the schedule of the impugned order, till disposal of the instant petition.

(2.) It is the case of the petitioner that the Assistant General Manager (HQ) BSNL, Tripura by similar and identical letters, dtd. 29/12/2021 asked each of the petitioners to make immediate payment of Rs.73,05,111.00 as outstanding dues as penal rent of the quarter/land allegedly unauthorisedly occupied by the petitioners from 1/1/1982 to 31/2/2021. Along with the said letter, a purported calculation sheet was also annexed. By the said letters, each of the petitioners was asked to pay the alleged outstanding dues within 30 days from issuing of the said letter.

(3.) It is further stated by the petitioner in the plaint that in 1956 Lt. Subhash Ranjan Datta took the suit land forcibly into his possession. At that time, the suit land was lying vacant and Lt. Subhash Ranjan Datta after taking the suit land into his possession. Initially repaired and renovated the dilapidated kaccha structure standing thereon, to construct it into a hut fit for dwelling purpose. At that time, the Indian Posts and Telegraphs Department was the owner of the suit land.