WP(C)/1349/2016 of DURGA CHARAN DATTA Vs THE STATE OF TRIPURA and ORS on 16 December 2016

Party Name : DURGA CHARAN DATTA Vs THE STATE OF TRIPURA & ORS

THE HONBLE MR. JUSTICE S.TALAPATRA

Heard Mr. A. Bhaumik, learned counsel appearing for the petitioner.

The grievance of the petitioner is that old plot No. 1250 corresponding to the new plot no.2214 of Mouja- Ishanchandranagar under Belonia Tehsil Kachari has been recorded in thename of the Public Works Department even though the said plot was all along recorded inthe name of the predecessor of the petitioner and they are in possession of the said land.The petitioner approached the Collector of South Tripura, Belonia under Section 11(3) ofthe TLR & LR Act, 1960 being case no. 298/REV/2016 but his application has beendismissed by the Collector. Now, by filing this writ petition, the petitioner has challengedthat order.

When this court referred to the remedy available under Section 11(4) of the TLR & LR Act,1960 Mr. Bhaumik, learned counsel has fairly submitted that if the petitioner is providedsome protection, he may institute the appropriate suit challenging the said order.This prayer is very reasonable and accordingly the prayer stands allowed.

The petitioner may seek for his remedy in the Civil court as per law. If the suit is filedwithin 30 days from today, the status-quo as on today in respect of the possession over thequestioned land shall not be disturbed by the respondents.Copy of this order be furnished to the counsel for the parties in the course of the day.