BIBHUTI DEBNATH Vs. STATE OFFICER AND ANR

JUDGEMENT

(1.) Upon hearing Mr. B.B. Deb, learned Senior Counsel for the Petitioners and also Mr. T.D. Majumdar, learned Counsel for the State-Respondents, I am of the view that these 5 cases can be disposed of at the motion stage considering the existing fact and circumstances of the cases. Accordingly. 1 hereby propose to dispose of these 5 cases with the following common judgment and order:

(2.) Supporting the case of the Petitioners. Mr. B.B. Deb, learned senior Counsel, contended that that the impugned orders, namely, order dated 3.9.1998 passed in T.P.P. Case No. 139/98, T.P.P. Case No. 150/98, T.P.P. Case No. 142/98. T.P.P. Case No. 140/98 and T.P.P. Case No. 151/98 were passed by the Estate Officer (Sub Divisional Officer, Sadar) without juriadiction and the same is null and void in view of the fact that the land/premises in question belong to Central Government and as such, the State machinery has no power and jurisdiction to evict the Petitioners or direct the Petitioners to vacate the said premises by invoking the provisions of law laid down under the Tripura Public Premises (Eviction of Unauthorised Occupants) Act. 1983 as amended up to date.

(3.) Mr. B.B. Deb, learned Senior Counsel has drawn my attention to the related documents; namely, khatian marked as Annexure 2(a) to the writ petitions and submitted that the said document (Heatians) clearly show that the land in question belong to Central Government. I have perused the related documents