NIRANJAN DEBNATH, NORTH TRIPURA Vs. BASANTI NATH

JUDGEMENT

(1.) HEARD Mr. D. K. Biswas, learned counsel appearing for the petitioner as well as Mr. A. Lodh, learned counsel appearing for the respondent.

(2.) BY this petition, legality of the order dated 20.07.2007, Annexure -5 to the writ petition, has been questioned. It is apparent on the face of the record that the petitioner was never in possession in the allotted land pertaining to Khatian No.505 of mouja -South Padmabill, Tahasil -Panisagar corresponding CS Plot No.173 and under old CS Plot No.373(P) corresponding to present CS Plot No.681/2876. However, the report of the Sub -Divisional Magistrate reveals the description of land as under:

(3.) HOWEVER , the Collector after having the plots surveyed by the SDM has held that the allotment was not properly done as the respondent was in the possession at the time of allotment. It can further be gathered from the report of the SDM that ''during resettlement operation the disputed plot was allotted in favour of the OP under Khatian No.505 of mouja -Padmabill. '' It is to be noted that the petitioner was the opposite party in the proceeding for cancelling the allotment order.