JATINDRA DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. D.C. Roy, learned counsel appearing for the petitioners as well as Mr. J. Majumder, learned counsel appearing for the respondents No.1 to 4. None appears for the respondent No.5 despite due notice from this court.

(2.) THE grievance of the petitioners has emanated from the orders dated 09.05.2008 and 08.07.2008, Annexures 7 and 8 respectively to the writ petition. By the order dated 09.05.2008, the Sub -Divisional Magistrate, Amarpur, South Tripura has determined the respective claim over a plot of land which has been described as the alluvial land adjacent to the plot of the petitioners comprised in R.S. Plot No.7773, Khatian No.1724 of Mouja Amarpur under Birganj Tahasil Kachari. It has been claimed that the said alluvial land is part of the land described in the schedule lost by diluvion. However, the said claim has been denied by some members of the Muslim community of that area contending that the said alluvial land, newly formed and abandoned beds measuring 0.49 acre is used as the graveyard and they have buried numerous bodies in the said land. It appears that the order dated 09.05.2008, Annexure -7 to the writ petition, was passed on the basis of an Enquiry Report dated 22.06.2007, submitted by two Amins of the said Tahasil Kachari, Annexure -R/3 to the counter -affidavit by the respondents. The said report observes as under:

(3.) MR . D.C. Roy, learned counsel appearing for the petitioners has submitted that under what authority the said Deputy Collector & Magistrate has passed the said eviction order is not at all intelligible. Apart that, Mr. Roy has submitted that by the order No.2/252, dated 16.09.2000, Annexure -2 to the writ petition, the Government had allotted 0.860 acres of land in favour of the petitioners ' father. Since the alluvial land is on the southern boundary of the said allotted land and was lost by diluvion, the petitioners have got their right and title over the said land. Therefore, the impugned orders are entirely illegal and liable to be interfered with.