MOHANLAL DEB ROY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By this writ petition under Art. 226 of the Constitution of India the petitioner has challenged the legal and constitutional validity of an order dated 31-8-82 contained in Annexure-A/2 whereby S.D.O., Kamalpur ordered restoration of land measuring 3.20 acres appertaining to C.S. Plot Nos. 133/134/139 of Khatian No. 63 to Kanchan Kumar Deb Barma.

(2.) The facts leading to this writ petition are that one Manik Chandra Deb Barma was the owner of land appertaining to C. S. Plots Nos. 42, 43 and 51 now covered under Khatian No. 53 of Mouja Kulai under Kamalpur Sub-Division. After the death of Manik Chandra Deb Barma, the respondents, namely, Kanchan Deb Barma, Prabin Deb Barma and Biswa Kr. Deb Barma inherited the aforesaid property in equal share.

(3.) While the aforesaid respondents Nos. 3, 4 and 5 were owning and possessing the land they entered into an agreement with the petitioners to sell the aforesaid land at a consideration price of Rs. 16,250.00. But as the respondents Nos. 3, 4 and 5 are the members of Scheduled Tribes community they as per the provisions of S. 187 of the Tripura Land Revenue and Land Reforms Act, 1960 (for short the Act of 1960) cannot sell any land without previous permission of the Collector. The respondents Nos. 3, 4 and 5 were in urgent need of money, so they entered into an agreement with the petitioners for sale of the land and accordingly on taking a sum of Rs. 12,001.00 out of the total consideration money of Rs. 16,250.00 they executed a deed of agreement on 9-3-1977 to the effect that they would sell the land to the petitioners after taking the sale permission and they also delivered the possession of the land in favour of the petitioners. The deed of agreement was, however, actually executed by respondent No. 3 only as he was entrusted with the responsibilities for carrying out the sale for and on behalf of all the legal heirs of late Manik Chandra Deb Barma.