Tripura High Court
Sri Ashutosh Dhar vs The State Of Tripura on 16 February, 2017
Author: S.C. Das
Bench: S.C. Das
THE HIGH COURT OF TRIPURA
AGARTALA
WP(C) 275 OF 2016
Sri Ashutosh Dhar,
S/o Late Sudhir Chandra Dhar,
Resident of 32, N.S. Road (South side),
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 1 of 51
WP(C) 320 OF 2016
Sri Rajesh Debnath,
S/o Late Anil Ch. Debnath
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 2 of 51
WP(C) 321 OF 2016
Sri Palash Bhuiya,
S/o Late Ram Chandra Bhuiya,
Resident of NS Road,
P.S. West Agartala, PO Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 3 of 51
WP(C) 322 OF 2016
Sri Gurupada Banik
S/o Late Banka Behari Banik
Resident of NS Road,
P.S. West Agartala, PO Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 4 of 51
WP(C) 323 OF 2016
Sri Maran Ghosh,
S/o Late Sailendra Chandra Ghosh,
Resident of NS Road,
P.S. West Agartala, PO Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 5 of 51
WP(C) 324 OF 2016
Sri Rajib Dey
S/o Late Bipul Chandra Dey
Resident of NS Road,
P.S. West Agartala, PO Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 6 of 51
WP(C) 325 OF 2016
Sri Santi Ranjan Saha,
S/o Late Jamini Kr. Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001
.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 7 of 51
WP(C) 326 OF 2016
Sri Rabindra Kumar Saha,
S/o Late Suklal Saha,
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 8 of 51
WP(C) 327 OF 2016
Sri Usha Ranja Datta,
S/o Late Mahendra Dutta,
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 9 of 51
WP(C) 328 OF 2016
Sri Ram Prasad Bhuiya
S/o Late Ramesh Chandra Bhuiya,
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 10 of 51
WP(C) 329 OF 2016
Sri Amrit Lal bhuiya
S/o Late Ramesh Chandra Bhuiya
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 11 of 51
WP(C) 330 OF 2016
Smt. Archana Saha,
W/o Late Rabindra Kr. Saha,
C/o Sri Ranjit Paul of NS Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 12 of 51
WP(C) 331 OF 2016
Sri Ratan Lal Saha
S/o Late Jogesh Chandra Saha,
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 13 of 51
WP(C) 332 OF 2016
Sri Nitai Chandra Paul
S/o Late Nagendra Ch. Paul,
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 14 of 51
WP(C) 333 OF 2016
Sri Animesh Acharjee,
S/o Late Mritunjay Acharjee
Resident of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 15 of 51
WP(C) 334 OF 2016
Sri Ranjit Paul,
S/o. Late Dhirendra Mohan Paul,
Resident of N.S. Road ,
PS. West Agartala, PO. Agartala,
District- West Tripura, PIN 799001
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 16 of 51
WP(C) 335 OF 2016
Sri Manik Lal Sarkar,
S/o Late Sudhir Chandra Sarkar,
C/o Sri Ranjit Paul of N. S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 17 of 51
WP(C) 336 OF 2016
Sri Nikhil Debnath
S/o Late Pandab Chandra
Debnath,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 18 of 51
WP(C) 337 OF 2016
Sri Mati Lal Saha
S/o Late Jogesh Chandra Saha
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 19 of 51
WP(C) 338 OF 2016
Sri Nepal Chandra Roy
S/o Late Amiya Ranjan Roy,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 20 of 51
WP(C) 342 OF 2016
Sri Samar Saha
S/o Late Himangshu Ranjan Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 21 of 51
WP(C) 343 OF 2016
Sri Suresh Chandra Debnath
S/o Late Surendra Chandra Debnath,
Resident of 32 N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 22 of 51
WP(C) 344 OF 2016
Sri Pramod Ranjan Saha,
S/o Late Haribhushan Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 23 of 51
WP(C) 345 OF 2016
Sri Uttam Chandra Dey
S/o Late Jagadish Chandra Dey,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 24 of 51
WP(C) 346 OF 2016
Sri Manik Lal Saha
S/o Late Jogesh Chandra Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 25 of 51
WP(C) 347 OF 2016
Sri Biswajit Debnath
S/o Late Suresh Chandra Debnath,
C/o Sri Ranjit Paul of N.S. Road,
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 26 of 51
WP(C) 348 OF 2016
Sri Asoke Kumar Saha
S/o Late Prafullya Kumar Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 27 of 51
WP(C) 374 OF 2016
Sri Dhiman Saha
S/o Late Sudhansu Mohan Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 28 of 51
WP(C) 392 OF 2016
Smt. Supriya Saha
W/o Sankar Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 29 of 51
WP(C) 393 OF 2016
Sri Nitai Chandra Paul
S/o Late Ramesh Chandra Paul,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 30 of 51
WP(C) 394 OF 2016
Sri Dipak Saha
S/o Late Sudhansu Mohan Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 31 of 51
WP(C) 395 OF 2016
Sri Sankar Kr. Saha
S/o Late Swarup Chandra Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 32 of 51
WP(C) 396 OF 2016
Sri Ashish Saha
S/o Late Manindra Chandra Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 33 of 51
WP(C) 397 OF 2016
Sri Sadhan Chandra Saha
S/o Late Hiralal Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 34 of 51
WP(C) 398 OF 2016
Sri Swapan Kumar Saha
S/o Late Swarap Chandra Saha,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 35 of 51
WP(C) 399 OF 2016
Sri Ganapati Debnath
S/o Late Chandradoy Debnath,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
WP(C) 275 OF 2016 and 36 Ors. Page 36 of 51
WP(C) 400 OF 2016
Sri Debabrata Roy
S/o Late Gopal Chandra Roy,
Resident of N.S. Road
P.S. West Agartala, P.O. Agartala,
District-West Tripura, PIN-799001.
............ Petitioner
- Vs -
1. The State of Tripura
(to be represented by the Secretary,
Revenue Department, Government
of Tripura), New Secretariat Building,
New Capital Complex, Kunjaban, P.S.
-New Capital Complex, Agartala,
West Tripura, PIN-799006.
2. The District Magistrate and Collector,
West Tripura, Agartala, PO-Agartala,
P.S. West Agartala, District-West
Tripura, PIN-799001.
3. The Sub-Divisional Magistrate,
Sadar, Old Secretariat Complex,
Akhaura Road, PO Agartala, PS West
Agartala, District-West Tripura, PIN-
799001.
4. Netaji Subhash Vidya Niketan,
(to be represented by Secretary,
Managing Committee, Netaji
Subhash Vidya Niketan, N.S. Road,
Agartala, PO Agartala, P.S. West
Agartala, District-West Tripura, PIN-
799001.
............ Respondents
BEFORE
THE HON'BLE MR. JUSTICE S.C. DAS
IN ALL THE CASES
For the petitioners : Mr. P Roy Barman, Advocate
For the respondent Nos. 1-3 : Ms AS Lodh, Addl. GA
Mr. J Majumdar, Advocate
For the respondent No.4 : None.
Date of hearing and
delivery of Judgment & order : 16.02.2017.
Whether fit for Reporting : No
WP(C) 275 OF 2016 and 36 Ors. Page 37 of 51
ORDER
All the above mentioned 37 writ petitions were heard analogously since identical facts and points of law were involved in all the cases. Affidavit in opposition were filed on behalf of respondent Nos. 1,2&3 in WP(C) 275/2016 and WP(C) 374/2016 and the same were considered as the affidavit in opposition on behalf of all respondents in all the cases. The matter was taken up for disposal at the admission stage itself.
2. Heard learned counsel, Mr. P Roy Barman for the petitioners and learned Addl. GA, Ms AS Lodh as well as Mr. J Majumdar for the respondent Nos. 1,2&3. No representation on behalf of respondent No.4.
3. According to the petitioners, 84 families which consist the petitioners/in some cases their predecessors, after partition of India, being evicted from East Pakistan, took shelter in the princely state of Tripura in or around 1950 and they settled near Jakson Gate and Kaman Chowmuni areas of Agartala and thereafter, as per instructions of the then Maharaja of Tripura, those 84 families were shifted to the vacant land in the Northern side of Gangail Road and southern side of Netaji Subhash road at Agartala. Those families, including the petitioners/their predecessors constructed their houses and were continuously living in the land which was lying vacant. The particular plot of land occupied by those 84 families was distinctly marked by the families having fencing, etc. After the merger of the princely State with the Union of India, land measuring 2.25 acres in which those families settled were in the name of then Maharaja. Netaji Subhash Vidyaniketan was established in WP(C) 275 OF 2016 and 36 Ors. Page 38 of 51 the Khas land adjoining to the said land measuring 2.25 ares i.e. near the land in which the 84 families had been settled and the Maharaja settled the lands to the members of the 84 refugee families. Thereafter, the Chief Commissioner of Tripura on 09.04.1960 leased out land measuring 4.485 acres in one plot and land measuring 7.310 acres in two plots to Netaji Subhash Vidyaniketan and that lease deed included the 2.25 acres on which those 84 refugee families settled. Netaji Subhash Vidyaniketan, respondent No.4 herein, instituted civil suit for recovery of possession but lost both in the trial court as well as in the appellate courts. It is the case of the petitioners that since independence they have been possessing the land with specific plot and boundary and there was step taken by the State respondents to allot the land in favour of the occupiers.
5. The petitioners referred to a letter dated 21.10.1998 written by SDO, Sadar to one of the occupier of land, namely, Keshab Lal Chakraborty (Annexure-P/5 to the writ petition) stating that the allotment proposal for the families adjacent to Netaji Subhash Vidyaniketan has already been sent to the Collector and there were some queries made and that the allotment proposal was in the process. Again by writing another letter dated 03.12.1998 (annexure-P/6 to the writ petition) addressed to Anukul Chanda Kar, the same assurance was advanced that the allotment was in the process.
6. On 25.06.1997 Agartala Municipality Land Allotment Committee held a meeting and a copy of the minutes of the meeting is annexed as Annexure-P/7 to the writ petition and that Committee observed that the allotment proposal were initiated in the year 1982 and WP(C) 275 OF 2016 and 36 Ors. Page 39 of 51 that allotment/lease of the land would be made on payment of the premium. A statement was prepared in respect of the particular occupiers of the land. The petitioners contended that though it was decided that the allotment will be given to the occupiers of the land but thereafter, no action was taken.
7. It is the further case of the petitioners that Keshab Lal Chakraborty who was one of the similarly situated occupiers of the land like that of the present petitioners was allotted 0.0500 acres of land by Allotment Order No. 40 of 2012 dated 28.09.2012 whereas the petitioners were not allotted their plot of land and thereby the petitioners were discriminated. It is contended by the petitioners that they were also entitled to get the allotment order like that of Keshab Lal Chakraborty and his wife and even after repeated representation, the allotment of land was not given as per the minutes of the meeting dated 25.06.1997. The petitioners, therefore, prayed for directing the respondents to issue allotment order in favour of the petitioners in consequence of the resolution of the Agartala Municipal Land Allotment Committee dated 25.06.1997.
8. Respondents, inter alia, contended that the resolution dated 25.06.1997 was not binding upon the State government and Annexure-P/8 to the writ petition, i.e. list of eligible people for allotment was an internal communication between the department of the government/ municipality and that the petitioners cannot claim advantage of it. Government has to take decision according to the procedure prescribed by law and no one can compel the government to WP(C) 275 OF 2016 and 36 Ors. Page 40 of 51 give allotment. Simply because a decision was taken by the Allotment Committee, the petitioners did not acquire any vested right to claim allotment of the land. It was also stated that the proposal of the Allotment Committee was rejected by government and the Revenue Department directed the appropriate authority to re-submit the proposal.
9. In the counter affidavit filed by the respondent Nos. 1,2&3 in WP(C) 374/2016 in para 6 at page No.9,10 & 11 the respondent Nos. 1, 2 & 3 contended thus -
"6. . Though, there is recommendation of the Agartala Municipal Corporation or Agartala Municipal Land Allotment Committee but, the same is not mandatory for the State Government as the Government has to take its decision on long term basis, prejudging the present and future complicity of the land which the Government holds at present; and the future acquisitions that would be requiring for expansion and development works, that may be required beyond 15 meters from the center line of the public road. In the present case the proposal of the Allotment Committee which was sent to the Government; and is relied on by the petitioner was rejected by the Government on 06-02-1999 and the same was communicated to the answering respondent No.2 vide Letter No.F.34(115)-REV/80 dated 18th February, 1999 by the Revenue Department with direction to resubmit the proposal, accordingly, the same was communicated to the Office of the Sub Divisional Officer/Magistrate for conducting survey, but, till date the correct survey report is awaited. It is pertinent to mention here that, allotment of land is made in the town for the purpose of construction of dwelling house; and for the purpose of use of land for commercial purpose the same is required to be leased on rent as per terms and conditions decided by the Government.
The petitioner has deliberately suppressed in his pleadings that allotment proceeding under the relevant law is pending in the Revenue Court. The said fact is apparent from the proposal which has been annexed as Annexure-P/8. As the allotment proceeding is pending before the Revenue Court the petitioner has no right to approach this Hon'ble Court for issuing direction upon the answering respondents to issue allotment order in favour of the petitioner. ."WP(C) 275 OF 2016 and 36 Ors. Page 41 of 51
10. In respect of the allotment in favour of Keshab Lal Chakraborty, the stand of the respondent Nos. 1,2 & 3 is reflected in para 23 of the counter affidavit filed in WP(C)275/2016 which reads as follows:-
"23. That in reply to the averments and/or contentions made in para 23 of the petitioner I state that, it is fact that Sri Keshab Lal chakrabgorty, S/O Lt. Pulin Behari Chakrborty was one of the 83 nos. families who was allotted land measuring 0.050 acres under plot No. 2042 corresponding to old plot No.14016 in the year 2012. Sri Chakraborty was earlier in possession of land measuring 0.055 acres under old plot No.14012 since 1986 of Mouja Agartala Sheet No.15 recorded in favour of Secretary, Managing Committee, Netaji Subhash Vidyaniketan. Subsequently, for the public interest, Sri Chakraborty vacated possession over the land of plot No.14007 and shifted to the plot No. 14016 and took over possession of land measuring 0.074 acres. After curving out of road side land, ultimately, he & his spouse were allotted land measuring 0.050 acres on compassionate ground, after taking prior approval from the Government vide No.F.34(36)- REV/83/P dated 05-07-2007 the said land was allotted to Sri Keshab Lal Chakraborty & his wife with conditions; however, as per the Letter No. 6316-17 dated 22-06-2012 as communicated by the Additional District Magistrate & Collector, West Tripura, Agartala in connection with reference letter of the Revenue Department bearing No.F.34(5)-REV/82/82(S) dated 08-06-2012 the said land was allotted to them.
Accordingly, the Sub Divisional Magistrate, Sadar in exercising the powers of Collector conferred upon him under Section 14(1) of the TLR & LR Act, 1980 issued allotment order vide No.40/2012 dated 29-08-2012 in favour of Sri Keshab Lal Chakraborty & his wife for 0.050 acres of land and subsequently it was recorded in Khatian No.1732 under Hal Plot No. 2042/7963 of Mouja Agartala Sheet No.15."
The respondents have contended that the writ petition is not maintainable to direct the State Government to give allotment of the land to the petitioners.
11. Mr. Roy Barman, learned counsel for the petitioners submitted that the petitioners/in some cases their predecessors being refugees, after partition of India entered into the State of Tripura and the then Maharaja of the State allowed the petitioners to stay on the land WP(C) 275 OF 2016 and 36 Ors. Page 42 of 51 described in Annexure-P/8 to the writ petition. They had been occupying the land for the last 60/70 years. There was nothing that they have any other land in their possession. By making communication dated 21.10.1998 and 03.12.1998 as well as by taking resolution in the Allotment Committee meeting dated 25.06.1997 (Annexure-P/7 to the writ petition) the respondents advanced a situation that the petitioners should be allotted their respective plot of land and as a result the petitioners were all along having with legitimate expectation of getting allotment. He has submitted that while Keshab Lal Chakraborty was similarly situated as one of those 84 families and he and his wife have been allotted a plot of land, the petitioners cannot be discriminated.
12. On the other hand, Ms Lodh and Mr. Majumdar has submitted that simply because some communications were made and a resolution was taken by the Municipal Land Allotment Committee, the petitioners cannot have any legitimate expectation of allotment of the land in their favour. The State has to consider many other aspects since it was a municipal land and the land was required for public purposes. Therefore, the proposal made could not be entertained by the State government. It was further argued that there was no promissory estoppel and legitimate expectation cannot be in violation of the law. The case of Keshab Lal Chakrborty cannot be an instance for the petitioners to treat them similarly. Some of the petitioners were not a party in the resolution of the allotment committee dated 25.06.1997 and so they cannot have any sort of legitimate expectation. It was also argued that some of the petitioners' names have not been even reflected in Annexure-P/8 to the WP(C) 275 OF 2016 and 36 Ors. Page 43 of 51 writ petition which was prepared by the allotment committee and so they cannot file a writ petition claiming allotment. According to Ms Lodh and Mr. Majumdar, the writ petitions are devoid of any merit and hence those should be dismissed with costs.
13. Section 14 of the TLR & LR Act, prescribes law relating to allotment of land which reads as follows:-
"14. (1) The Collector may allot land belonging to the Government for agricultural purposes or for construction of dwelling houses, in accordance with such rules as may be made in this behalf under this Act; and such rules may provide for allotment of land to persons evicted under section 15.
(2) The [State Government] shall have power-
(a) to allot any such land for the purpose of an industry or for any purpose of public utility on such conditions as may be prescribed, or
(b) To entrust the management of any such land or any rights therein to the gram panchayat of the village established under any law for the time being in force. [(3) The rules under sub-sections (1) and (2) for allotment of land shall provide for giving preference to the members of the co-operative farming societies formed by marginal farmers, landless agricultural labourers, jumias and members of the Schedules Tribes and Scheduled Castes in allotting land.]"
In view of the above provisions, the Collector has to allot land for agricultural or residential purpose and for any other appropriate purpose as per procedure prescribed in the allotment of land rules. The rule prescribes certain guidelines, how and to whom the allotment is to be made. There is no quarrel that for allotment of government khas land, the rule should be followed strictly.
14. The petitioners have contended that they are in possession since the time of the then Maharaja, i.e. from before independence. The certified copies of the judgments in the Title Suit and appeals annexed WP(C) 275 OF 2016 and 36 Ors. Page 44 of 51 with the writ petition between the respondent No.4 and the land occupiers show that the petitioners/their predecessors were in possession of the land since long. They have approached the government for allotment.
15. Annexure-P/5 and Annexure-P/6 to the writ petition, letters dated 02.10.1998 and 03.12.1998 respectively, written by the Sub-Divisional Officer, Sadar clearly reflect that the process of allotment was going on but except Keshab Lal Chakraborty, allotment to other land holders has not been made as yet, is the admitted position. There is also nothing on record that respondent Nos. 1 to 3 refused and/or abandoned the allotment proposal initiated long ago.
16. On perusal of the pleadings and the documents placed before the Court I am of considered opinion that the case of Keshab Lal Chakraborty and the present petitioners are identical cases. There is no difference at all. Keshab Lal Chakraborty's name also was in Annexure-
P/8 to the writ petition, i.e. the list of the land occupiers prepared in the process of allotment. So I do not understand what has compelled the respondents to single out one person from the list and to give allotment to him whereas others have not been considered.
17. The Supreme Court in the case of Food Corporation of India Vs. M/S Kamdhenu Cattle Feed Industries, reported in AIR 1993 SC 1601 in para 7 and 8 observed:-
"7. In contractual sphere as in all other State actions, the State and all its instrumentalities have to conform to Art, 14 of the Constitution of which non-arbitrariness is a significant facet. There is no unfettered discretion in public WP(C) 275 OF 2016 and 36 Ors. Page 45 of 51 law: A public authority possesses powers only to use them for public good. This imposes the duty to act fairly and to adopt a procedure which is 'fairplay in action'. Due observance of this obligation as a part of good administration raises a reasonable or legitimate expectation in every citizen to be treated fairly in his interaction with the State and its instrumentalities, with this element forming a necessary component of the decision- making process in all State actions. To satisfy this requirement of non-arbitrariness in a State action, it is, therefore, necessary to consider and give due weight to the reasonable or legitimate expectations of the persons likely to be affected by the decision or else that unfairness in the exercise of the power may amount to an abuse or excess of power apart from affecting the bona fides of the decision in a given case. The decision so made would be exposed to challenge on the ground of arbitrariness. Rule of law does not completely eliminate discretion in the exercise of power, as it is unrealistic, but provides for control of its exercise by judicial review.
8. The mere reasonable or legitimate expectation of a citizen, in such a situation, may not by itself be a distinct enforceable right, but failure to consider and give due weight to it may render the decision arbitrary, and this is how the requirement of due consideration of a legitimate expectation forms part of the principle of non-arbitrariness, a necessary concomitant of the rule of law. Every legitimate expectation is a relevant factor requiring due consideration in a fair decision-making process. Whether the expectation of the claimant is reasonable or legitimate in the context is a question of fact in each case. Whenever the question arises, it is to be determined not according to the claimant's perception but in larger public interest wherein other more important considerations may outweigh what would otherwise have been the legitimate expectation of the claimant. A bona fide decision of the public authority reached in this manner would satisfy the requirement of non-arbitrariness and withstand judicial scrutiny. The doctrine of legitimate expectation gets assimilated in the rule of law and operates in our legal system in this manner and to this extent."
18. It is not in dispute that the petitioners are in possession of the land since long. It is also not in dispute that certain steps were taken by the respondent Nos. 1 to 3 for allotment of the land occupied by the petitioners/their predecessors. Learned counsel, Mr. Majumdar argued that the name of Supriya Saha, the petitioner of WP(C)392/2016 is not WP(C) 275 OF 2016 and 36 Ors. Page 46 of 51 reflected in Annexure-P/8 to the writ petition whereas Supriya Saha made the application and lot of things are there to be inquired into.
19. In response to that submission, learned counsel, Mr. Roy Barman submitted that the father of Supriya Saha was the original occupier and she inherited along with her brothers. So she became the petitioner. The state respondents definitely should make inquiry whether she is a legitimate occupier or not. In my considered opinion, the State respondents definitely should made inquiry as to whether the writ petitioners or their predecessors were occupiers or not of the land in their possession.
20. There is no doubt that allotment by the respondents has to be made following the procedure and no one can claim allotment of the government khas land beyond the procedure prescribed by law. While the process for allotment was taken and while allotment has been made to one of them, the petitioners definitely have an legitimate expectation to be treated equally.
21. The State cannot discriminate in giving the benefits to its subjects. Mr. Roy Barman, learned counsel submitted that the case of the petitioners definitely come within the purview of principle of legitimate expectation and he referred to the case of Madras City Wine Merchants' Association and Anr. Vs. State of Tamil Nadu and Anr., reported in (1994) 5 SCC 509 wherein in para 43 and 44, the Supreme Court observed:-
"43. We will briefly deal with the doctrine of legitimate expectation. It is not necessary to refer to large number of cases excepting the following few. On this doctrine Clive WP(C) 275 OF 2016 and 36 Ors. Page 47 of 51 Lewis in Judicial Remedies in Public Law at page 97 states thus:
"Decisions affecting legitimate expectations.- In the public law field, individuals may not have strictly enforceable rights but they may have legitimate expectations. Such expectations may stem either from a promise or a representation made by a public body, or from a previous practice of a public body. The promise of a hearing before a decision is taken may give rise to a legitimate expectation that a hearing will be given. A past practice of consulting before a decision is taken may give rise to an expectation of consultation before any future decision is taken. A promise to confer, or past practice of conferring a substantive benefit, may give rise to an expectation that the individual will be given a hearing before a decision is taken not to confer the benefit. The actual enjoyment of a benefit may create a legitimate expectation that the benefit will not be removed without the individual being given a hearing. On occasions, individuals seek to enforce the promise or expectation itself, by claiming that the substantive benefit be conferred. Decisions affecting such legitimate expectations are subject to judicial review."
44. In Council of Civil Service Unions v. Minister for the Civil Service, it is stated thus: (All ER pp. 943-44) "But even where a person claiming some benefit or privilege has no legal right to it, as a matter of private law, he may have a legitimate expectation of receiving the benefit or privilege, and, if so, the courts will protect his expectation by judicial review as a matter of public law. This subject has been fully explained by Lord Diplock in O'Reilly v.
Mackman, and I need not repeat what he has so recently said. Legitimate, or reasonable, expectation may arise either from an express promise given on behalf of a public authority or from the existence of a regular practice which the claimant can reasonably expect to continue.
Examples of the former type of expectation are Liverpool Taxi Owners' Assn., Re and A-G of Hong Kong v. Ng Yuen Shiu. (I agree with Lord Diplock's view, expressed in the speech in this appeal, that 'legitimate' is to be preferred to 'reasonable' in this context. I was responsible for using the word 'reasonable' for the reason explained in Ng Yuen Shiu, but it was intended only to be exegetical of 'legitimate'.) An example of the latter in R. v. Hull Prison Board of Visitors, ex p St Germain, approved by this House in O'Reilly v. Mackman.""
WP(C) 275 OF 2016 and 36 Ors. Page 48 of 51
The doctrine of legitimate expectation has been elaborately discussed by the Apex Court in the above judgment referring to the various decisions of the Apex Court.
22. The concept of legitimate expectation in the administration of law has gained importance and the welfare State cannot ignore the doctrine. When the State represented itself by making communication and by making certain process of allotment and further by giving allotment to a particular land holder of the similarly situated persons, definitely the State has created an atmosphere of legitimate expectation on the part of the petitioners. This expectation cannot be ignored in the given facts and circumstances of the present case.
23. In the case of Ram Pravesh Singh and Ors. Vs. State of Bihar and Ors., reported in (2006) 8 SCC 381 in para 15 the Apex Court elaborated as to what is legitimate expectation. Para 15 reads as follows:-
"15. What is legitimate expectation? Obviously, it is not a legal right. It is an expectation of a benefit, relief or remedy, that may ordinarily flow from a promise or established practice. The term 'established practice' refers to a regular, consistent predictable and certain conduct, process or activity of the decision-making authority. The expectation should be legitimate, that is, reasonable, logical and valid. Any expectation which is based on sporadic or casual or random acts, or which is unreasonable, illogical or invalid cannot be a legitimate expectation. Not being a right, it is not enforceable as such. It is a concept fashioned by courts, for judicial review of administrative action. It is procedural in character based on the requirement of a higher degree of fairness in administrative action, as a consequence of the promise made, or practice established. In short, a person can be said to have a 'legitimate expectation' of a particular treatment, if any representation or promise is made by an authority, either expressly or impliedly, or if the regular and consistent past practice of the authority gives room for such expectation in the normal course. As WP(C) 275 OF 2016 and 36 Ors. Page 49 of 51 a ground for relief, the efficacy of the doctrine is rather weak as its slot is just above 'fairness in action' but far below 'promissory estoppel'. It may only entitle an expectant : (a) to an opportunity to show cause before the expectation is dashed; or (b) to an explanation as to the cause for denial. In appropriate cases, courts may grant a direction requiring the Authority to follow the promised procedure or established practice. A legitimate expectation, even when made out, does not always entitle the expectant to a relief. Public interest, change in policy, conduct of the expectant or any other valid or bonafide reason given by the decision-maker, may be sufficient to negative the 'legitimate expectation'. The doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such established practice has a bearing, or by someone who has a recognized legal relationship with the authority. A total stranger unconnected with the authority or a person who had no previous dealings with the authority and who has not entered into any transaction or negotiations with the authority, cannot invoke the doctrine of legitimate expectation, merely on the ground that the authority has a general obligation to act fairly."
24. The respondents, as already quoted hereinbefore, in their counter affidavit filed in WP(C) 374/2016 have contended that the Revenue Department directed the respondent No.2 to resubmit the proposal and the communication has already been made and taking that stand to consideration, I am of the considered opinion that the respondent Nos. 1,2&3 should take appropriate steps according to the procedure prescribed by law regarding allotment of the land which the petitioners are in occupation and for that purpose, necessary inquiry, according to rules, shall be made by the respondents giving notice to the petitioners and hearing them and shall take appropriate decision regarding the prayer of the petitioners.
25. I think this Court should not give direction to the State respondents to allot the land as per Annexure-P/8 to the writ petition since WP(C) 275 OF 2016 and 36 Ors. Page 50 of 51 that has not taken final shape. While Keshab Lal Chakraborty was given allotment, who was similarly situated, the State respondents shall consider the cases of the petitioners also, according to law, without any discrimination. The entire process for the purpose should be completed within six months from today.
26. With these directions, all the writ petitions stand disposed of.
No costs.
JUDGE lodh WP(C) 275 OF 2016 and 36 Ors. Page 51 of 51