Jyoti Prava Dhar vs State Of Tripura And Ors

Heard Mr. S. Das, learned counsel appearing for the petitioner as well as Mr. D. Sarkar, learned counsel appearing for the respondents.

The petitioner is the widow of one Sudhir Chandra Dhar alias Sudhir Ranjan Dhar and according to the petitioner, Sudhir Chandra Dhar alias Sudhir Ranjan Dhar was an ex-service man. On the request of Sudhir Chandra Dhar alias Sudhir Ranjan Dhar, as is evident from the prayer made by him on 16.11.1973, the Secretary to the District Soldiers, Sailors and Airmen's Board, West Tripura, Agartala had forwarded the prayer for allotment to the District Collector, West Tripura, Agartala. It has been categorically mentioned in the said communication dated 05.12.1972 [Annexure-2 to the writ petition] that plot in question is within the area of Pashim Noabadi Ex-servicemen Colony and that was part of an area of 580 acres which was allotted exclusively for rehabilitation of ex-servicemen. Thereafter, by the communication dated 09.01.1973 [Annexure-3 to the writ petition] the Secretary to the District Soldiers, Sailors and Airmen's Board, Tripura had permitted Sudhir Chandra Dhar alias Sudhir Ranjan Dhar to construct a dwelling house on the plot and to cultivate the same with immediate effect. It was cautioned that failing the said land will be re-allotted to other ex-servicemen. The land which had been allotted in favour of Sudhir Chandra Dhar alias Sudhir Ranjan Dhar pertains to the plot No.4496(tilla) admeasuring 5.66 acre and the plot No.4497(lunga) admeasuring 39 acres pertaining to revised Khatian No.8/1 of Mouja-Debendra Chandra Nagar under Sub-Division-Mohanpur [see the record of right at Annexure-5 to the writ petition]. The records of allotment will prevail so far the description of land and their areas are concerned. It appears from the survival certificate that Sudhir Chandra Dhar alias Sudhir Ranjan Dhar died on 20.08.1986 leaving behind the following legal heirs :

(i) Smt. Jyotiprava Dhar [the petitioner] (ii) Sri Timir Baran Dhar (iii) Smt. Bithika Dhar(Gupta) (iv) Sri Mihir Baran Dhar

(v) Smt. Manika Dhar (vi) Smt. Kanika Dhar and

(vii) Sri Prabir Dhar.

But only the widow has been persuading the matter for allotment in her favour.

The petitioner has also made the prayer to the District Collector on 29.08.2016 to formerly allot the said land in her favour, inasmuch as, the said land is under her possession for dwelling for more than fourty six years since 1973. By a communication dated 08.12.2016 [Annexure-7 to the writ petition] from the office of the District Magistrate and Collector, she was informed that no land was ever allotted in favour of Sudhir Chandra Dhar alias Sudhir Ranjan Dhar. Later on, another representation of the same nature was filed to the Sub-Divisional Magistrate, Mohanpur for purpose of getting the allotment with all the records including the purported records of allotment by the Secretary to the District Soldiers, Sailors and Airmen's Board, West Tripura, Agartala.

In response to the said prayer, the Sub-Divisional Magistrate by his communication dated 22.04.2017 [Annexure-9 to the writ petition] has apprised that the land over which the petitioner has pressed the claim stands recorded in the name of District Soldiers, Sailors and Airmen's Board, Tripura under Khatian No.8/1 of Mouja D.C. Nagar, Sub-Division-Mohanpur. In the said letter, the Sub-Divisional Magistrate has pointed out that the name of Mouja has been recorded as Radhakishorepur, not as Debendra Chandra Nagar and thus, it is very difficult to act upon the letter of allotment as issued by the said board.

The petitioner has been advised to take further action in respect of removing that confusion. Thus, the petitioner has approached this court by filing this writ petition.

The respondents have filed a composite reply. In para-7 of the said reply, the respondents have stated that the petitioner has prayed for allotment of the land measuring 6.15 acre pertaining to R.S. plots No.6798 and 6799 of Mouja Debendra Chandra Nagar. But the said R.S. plots of Mouja Debendra Chandra Nagar is recorded in Khatian No.8/1 of the said Mouja. The particular land is recorded in favour of District Soldiers Sailors & Airmen's Board. So the said plot in question is a departmental land and does not belong to the Government of Tripura as khash land. The petitioner has prayed for allotment of such land which is not a Government land rather it is the land recorded in the name of District Soldiers Sailors & Airmen's Board. Situated thus, the prayer for the petitioner, according to the respondents, does not come under the purview of provision of Section 14(1) of the TLR & LR Act, 1960. But the District Soldiers Sailors & Airmen's Board has not taken any specific stand in that composite reply. Even, there is no denial of claim of the petitioner that by the communication dated 09.01.1973 [Annexure-3 to the writ petition], Sudhir Chandra Dhar alias Sudhir Ranjan Dhar, the husband of the petitioner was allowed to construct residence on the plot and cultivate the same with immediate effect.

In such circumstances, the respondent No.3 shall, in view of their own letter dated 09.01.1973 under No.86(DSSB/73) [Annexure-3 to the writ petition], take the necessary step to demarcate the plot/s allowed to be utilized by the husband of the petitioner and they shall make the necessary arrangement to separate that land, so that the petitioner and other legal heirs can got the mutation of the record. However, the District Soldiers Sailors & Airmen's Board, Tripura, the respondent No.3 has not denied the existence of permission as reflected in the letter dated 09.01.1973 [Annexure-3 to the writ petition]. It is also not denied by the respondents that the petitioner or her predecessors was not in possession of the said land.

Hence, this court is inclined to accept that unless the land is purely a government land [khash land], the land cannot be allotted in terms of Section 14 of the TLR & LR Act. Therefore, no mandamus or direction can be issued against the respondents No.1 and 2. If the allotment, as stated above, be made on account of Sudhir Chandra Dhar alias Sudhir Ranjan Dhar the petitioner or other legal heirs of Sudhir Chandra Dhar alias Sudhir Ranjan Dhar may take further step to get their land recorded as the allottee in the record of right. Unless, the respondent No.3 caused such transfer, no claim can be raised against the respondents No.1 and 2.

In terms of the above, this writ petition stands disposed of.

There shall be no order as to costs.