TARA SINHA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) BY filing this writ petition under Article 226 of the Constitution of India the petitioner challenged judgment and order dated 22.02.2010 passed by the Principal Secretary to the Revenue Department of the Government of Tripura in Revenue Appeal case No.17 of 2007.

(2.) HEARD learned senior counsel, Mr. S.M. Chakraborty, assisted by learned counsel, Mr. S. Dutta for the petitioner and learned counsel, Mr. B. Dutta for the State respondent No.1 as well as learned counsel, Mr. P. Chakraborty for respondent No.2.

(3.) AT the outset learned senior counsel, Mr. Chakraborty for the petitioner has prayed for treating the present petition as one under Article 227 of the Constitution in addition to Article 226 of the Constitution for granting appropriate relief to the petitioner. Learned counsel of the respondents have no objection and therefore the petition filed under Article 226 of the Constitution of India is also treated as one under Article 227 of the Constitution. Smt. Kanung Khatrani, since deceased (the original petitioner), the predecessor of the present petitioner, Smt. Tara Sinha donated 0.02 acres of land to respondent No.2, Sri Chandra Kumar Sinha by executing a registered deed of gift bearing registration No.1 -1674 dated 17.06.1992. It is contended by the petitioner that the gifted land comprising an area of 0.01 decimal was covered by Hal Plot No.3166 and another 0.01 decimal was covered by Hal Plot No.3167. After such donation of the land by the predecessor of the present petitioner, the respondent No.2 applied for mutation in his name and accordingly M.R. Case No.176/1993 was registered and the mutation officer recorded 0.02 acres of land in the name of respondent No.2, but it is alleged that the entire 0.02 acres of land mutated in the name of respondent No.2 was taken from plot No.3167 and no land was taken from plot No.3166 though the petitioner actually gifted equally from both the plots. The petitioner, thereafter, filed a revisional application under Section 95 of the Tripura Land Revenue and Land Reforms Act, 1960(for short, TLR & LR Act, 1960) before the Collector, North Tripura for correction of the record of right and that was registered as Revision Case No.65 of 2006. After hearing both side the Collector, North Tripura District, Kailashahar by order dated 27.08.2007 allowed the revisional application and set aside the order of mutation passed by the mutation officer and directed correction of the record of right according to the prayer of the petitioner that the gifted land comprised equally from both the plot Nos.3166 and 3167.