Abdul Mumin And Ors vs State Of Tripura And Ors

[1] Heard Mr. S. Das, learned counsel appearing for the petitioners who are permanent residents of Kadamtala, Dharmanagar.

[2] It has been claimed by the petitioners that the Panchayat Samiti of Kadamtala R.D. Block constructed 15 (fifteen) stalls under BADP Scheme in the 2012-2013 funded by the respondent No.2, the District Magistrate and Collector, North Tripura District.

[3] The Panchayat Samiti exercised its authority and control over the same project by virtue of the provision made in the scheme. Those shops were supposed to be distributed amongst 15 (fifteen) beneficiaries. The beneficiaries were nominated in the meeting of the Panchayat Samiti held on 12.09.2014. But the stalls are not distributed as yet. Hence, the petitioners being the beneficiaries are aggrieved and they have urged this court to direct the Panchayat Samiti to implement their decision as taken in the meeting dated 12.09.2014, which is available in the letter No. F.7(13)/BDO/KDL/PANCH/2014-15/7290/7295 dated 20.01.2015, [Annexure-3 to the writ petitions].

[4] It has been further contended that the petitioners have been selected as the beneficiaries. It is evident from the money receipts issued on behalf of the Panchayat Samiti acknowledging the receipt of Rs.3000/- from each of the petitioners. The respondents No.1-4 have filed their reply. Earlier, without intimation to the Panchayat Samiti, the respondents No.6, Kadamtala Gram Panchayat distributed those stalls constructed under BADP Scheme for 15 (fifteen) beneficiaries. The Gram Panchayat had no authority to select and distribute stalls to the beneficiaries. As a result, there was serious grievance and a batch of writ petitions including WP(C) No.1317 of 2016 were filed. In the said batch of writ petitions, this court by the judgment dated 13.07.2017 interfered with the attachment order passed by the Sub-Divisional Magistrate (SDM), Dharmanagar, North Tripura, and the SDM was directed to vacate the attachment and to hand over the possession to the petitioners within a period of 7 (seven) days from the date when they would receive a copy of that order. Further, leave was granted to the said Panchayat Samiti to take appropriate action permitted by law and on observing the principles of nature justice where any right or apparent right was to be interfered with.

[5] Mr. Das, learned counsel has submitted that thereafter Panchayat Samiti has taken a decision to distribute the stalls in favour of the petitioners and another person who did not approach this court on any previous occasion. It is to be noted that even though the Panchayat Samiti was arraigned as the respondent in the earlier writ proceeding but it did not participate despite due notice from this court.

[6] With the reply filed by the respondents No.1-4, some records including one resolution of Kadamtala Gram Panchayat taken on 16.03.2015 by recalling their earlier decision of distributing the stalls according to their list have been produced for inspection. By the resolution dated 16.03.2015 it was resolved that those selection of the beneficiaries would stand recalled. On the basis of the previous selection no right would continue in favour of the persons who approached this court by filing the said batch of the writ petitions.

[7] Mr. Das, learned counsel has submitted that no challenge has been made against the said resolution by anyone as yet. By the communication dated 07.11.2017 [Annexure-R/7 to the reply filed by the respondents No.1-4], the Sub-Divisional Magistrate, Dharmanagar, North Tripura has apprised the District Magistrate & Collector, North Tripura District that while the Sub-Divisional Magistrate [SDM] went to implement the judgment as stated, the local people had physically resisted the implementation. According to the Sub-Divisional Magistrate he could not hand over the stalls to the beneficiaries inasmuch as there was apprehension of breakdown of law and order situation. The stalls which were constructed under BADP Scheme at Kadamtala Higher Secondary School at the field gallery are still lying vacant. It thus becomes an example of the executive's failure to implement its own decision.

[8] Mr. Das, learned counsel has further submitted that on apprehension of breakdown of law and order situation, the Panchayat Samiti by its resolution dated 04.01.2018 resolved that the writ petitioners of the previous writ petitions be given keys along with the persons who were selected for having the remaining stalls. But no such distribution had taken place.

[9] In the reply, it has been further stated that on apprehension of breakdown of law and order situation, the stalls so constructed under BADP Scheme in the field gallery of Kadamtala H.S. School could not be distributed in terms of the said resolution dated 04.01.2018.

[10] In the emerged circumstances, the respondents are directed to implement the resolution of the Kadamtala Panchayat Samiti taken on 04.01.2018 which has evidently suppressed their earlier resolution. It is really shocking to note that the stalls which were constructed in the year 2013, are still awaiting for their distribution to the beneficiaries, even though collection of the deposit was complete.

[11] It is made clear that the keys to be handed over to the beneficiaries whose name are reflected in the resolution dated 04.01.2018 within a period of one month from the day when a copy of this order would be available to the respondent No.6. The respondent No.6 shall take every action to maintain the law and order situation, if there were any apprehension.

[12] The District Administration represented by the respondent No.2 is in particular directed to ensure the peaceful handing over of the stalls to the said beneficiaries whose name has appeared in the resolution dated 04.01.2018 [Annexure-R/8 to the respondents No.1-4]. It is made absolutely clear the petitioners who are in the list of beneficiaries will only get the stalls.

In terms of the above directions, this petition stands allowed.

There shall be no order as to costs.