MANINDRA CHANDRA SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application under Art.226 of the Constitution for quashing the order dated 3/2/89 of the Sub Divisional Officer, South Tripura issuing a notice to the petitioner to show cause as to why that allotment of land measuring 0.24 acres in Khatian-881 and Dag -1229 of Mouza-Rangamati made in his favour shall not be cancelled under Rule-12 of the Tripura Land Revenue and Land Reforms (Allotment of Land) Rules, 1980.

(2.) The facts very briefly are that the petitioner was allotted the aforesaid land by an allotment sanctioned under Order No. 146 (12)/76 dated 4.8.1976 by the SDO, Amarpur under Section :14 (1) of the Tripura Land Revenue and Land Reforms Act, 1960 (for short the 1960 Act) The petitioner's case in the writ petition is that after his retirement from service he is residing at Calcutta with his son and his son-in-law is looting after the said land. But surprisingly an enquiry was conducted by the Revenue Inspector, Amarpur behind the back of the petitioner and an enquiry report dated 3.2.89 was submitted by the said Revenue Inspector, Amarpur to the Sub-Divisional Officer, Amarpur stating that the petitioner has not entered the said land and the land is lying vacant since long time. On the: said enquiry report dated 3.2.89, the Sub-Divisional Officer, Amarpur passed the impugned order dated 3.2.89 directing issue of a notice to the petitioner and pursuant to the said order the petitioner received a notice dated 3.2.89 asking him to show cause as to why the aforesaid land allotted in his favour shall not be cancelled under Rule 12 of the Tripura Land Revenue and Land Reforms (Allotment of Land), Rules, 1980 (for short 'the 1980 Rules.).

(3.) I have heard Mr. S. Deb, Ld. Counsel for the petitioner and Mr. U.B. Saha, Ld. Govt. Advocate.