HEMENDU BIKASH BARUA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) HEARD Mr. A. Lodh, learned counsel appearing for the petitioner as well as Mr. B. Datta, learned counsel appearing for the respondents.

(2.) THE petitioner admittedly belongs to Barua Community which is not recognized as the Scheduled Tribe in the State of Tripura, even though the members of the Barua Community for a substantial time was recognized as the member belonging to a sub -group of the Chakma Community and as such the competent authority had issued the Scheduled Tribe Certificates in their favour. But later on, all such certificates after due scrutiny by the competent authority were gradually cancelled and the Government has strictly directed the authorities who are entrusted to issue the status certificate not to issue the Scheduled Tribe Certificates to any member of the Barua Community. However, that was not the issue that had fallen for consideration in the proceeding which has been set in by the respondent No. 4 under Section 187 of the Tripura Land Revenue and Land Reforms Act, 1960 as amended from time to time for recovery of the possession of the land.

(3.) FROM the said order it is apparent that in the record of rights published in 1965, the petitioner and his brother namely Priyatosh Barua have been recorded as the illegal possessor in view of Section 187 of TLR and LR Act, 1960 on the C.S. Plot No. 663/114 of Mouja -Kanchanpur measuring.58 acres. An unregistered deed dated 31.2.1969 B.S. corresponding to 1962 of the English calendar which was produced before the Sub -Divisional Officer, Dharmanagar shows that the land was transferred illegally measuring.50 acre to the petitioner.