Indian Kanoon - Search engine for Indian Law

"Being satisfied with this fact that there is an apprehension of breach and tranquility due to the dispute related to the instant landed property, I registered a case under section 145 of the Cr.P.C. on 05.07.2017. As per the provisions of section 145 of the Cr.P.C., I decided to call the parties to this case for hearing so as to record their statement and to get any evidence from them. Thereby I issued notices upon the complainants to remain present in my court on 12.07.2017 & 21.07.2017. During the hearing the complainants stated before me that there is no any legal heir of this unclaimed landed property and thus there is strong possibility that some anti social elements or land mafia may take illegal possession of this property and thereby there is strong apprehension of breach of peace and tranquility in the locality. Also they requested that as the said landed property is an unclaimed one, the State Government may take it under its possession so as to use this unclaimed property for some social cause such as Old aged home or any other social purpose as the State Government may deem fit.

i) In absence of any legal heir or legal possessor in respect of the landed property, the landed property is liable to be unclaimed.

ii) There is apprehension of breach of peace and tranquility due to the dispute arising because of the said unclaimed property.

7. The basis of such finding was the reports submitted by the officer in charge, West Agartala police station and the report submitted Sub-Divisional Magistrate, Sadar. Based on those findings, the following direction has been issued by the District Magistrate :

i) There is apprehension of breach of peace and tranquility in the locality due to the dispute arising from the unclaimed property.

ii) The Sub-Divisional Magistrate, Sadar shall take possession over the disputed land. As there is no legal income, no receiver is required to be appointed.

iii) The order shall be withdrawn if the only legal heir, Dr. Subhabrata Debbarma returns and takes over the possession after establishing his identity by the process of the court.

25. Having observed thus, the impugned order is set aside and quashed. But the parties are to observe the following directions till the dispute as latent in the controversy are determined or settled :

I) The Secretary, Revenue department shall independently make an inquiry so as to ascertain whether the property is an unclaimed property or not. If the property appears to him as unclaimed, he shall take all the legal steps for vesting the property in the state. If any testament or instrument of transfer appears to him grossly illegal or irregular, he shall within a period of six months from the day when he would receive a copy of this order, approach the court of the competent jurisdiction seeking the appropriate relief in respect of the said property.