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Judgment
Heard Mr. S.M. Chakraborty, learned senior counsel assisted by Mr. Abir Barman, learned counsel appearing for the petitioner as well as Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.
The petitioner's case is that he is in the uninterrupted possession over the land under reference for last 40 years. The respondent, namely the Estate Officer [The Sub-Divisional Magistrate, Dharmangar, North Tripura] had initiated a proceeding under Tripura Public Premises (Eviction of un-authorized Occupants) Act for evicting the petitioner. The grievance as enumerated by the petitioner in this writ petition is that in the former writ petition being W.P.(C) No.1252 of 2019, this court had made the following observations in respect of the said land admeasuring 5.5 gandas at Dharmangar town:
"In view of the fact that the occupation of the petitioner of public land is admittedly unauthorized and illegal, no direction for protecting such occupation in perpetuity can be granted. Nevertheless the counsel for the petitioner had shown willingness to offer prevailing market price for allotment of the land and in the alternative, allotment of alternative site in the same town, again upon payment of full market price.
Let the petitioner apply to the Sub-Divisional Magistrate, Dharmanagar within a period of 2(two) weeks from today pointing out these aspects. If such an application is made within the time permitted, the same shall be disposed of preferably within 6(six) weeks thereafter. Till a decision is taken, the petitioner shall not be evicted."
The petitioner had approached the Sub-Divisional Magistrate, Dharmanagar in terms of the said observation on 27.02.2020 [Annexure-11 to the writ petition] expressing his willingness to have allotment of the land under his possession on payment of the price in terms of the prevailing market price and in the alternative, allotment of alternative site in the same town, on payment of the full market price. The said representation dated 27.02.2020 has been disposed of, with the consequential order, on 04.04.2020 [Annexure-12 to the writ petition]. In the said order dated 04.04.2020, it has been clearly observed that on perusal of TDR report and considering all other aspects relating to allotment of land in order of preference, it transpired that the petitioner is holding Rayati Jote land within Dharmangar Mouja and also there is Rayati Jote land in the name of his family members and as such, he is no way eligible for allotment of land. As such, the standing Sub-Divisional Land Allotment Committee has rejected the representation of the petitioner for having allotment on payment of full market price, as stated before. Thereafter, the following consequential order has been passed:
Therefore, the undersigned, being the competent authority hereby directs you to vacate the land in question vide R.S. Plot No.6192/12341 of Ktn. No.1/81, area measuring 0.011 acre of TK & Mouja Dharmanagar, under your unauthorizsed occupation by next 2(two) weeks from the date of issue of this letter, failing which coercive action shall be taken against you to execute the standing eviction order passed by the Estate Officer, Dharmanagar, North Tripura.
A fresh notice for vacating the said land within 7[seven] days within the day of receipt has been issued under No.F.6(I-A-1)/SDM/DMN/REV/EVIC/TPPA/19/360 dated 22.06.2020.
Being aggrieved, this writ petition has been filed.
By the order dated 20.02.2020, it had been made absolutely clear that this court cannot issue any direction protecting such occupation of the petitioner in perpetuity. Even the prayer that has been made in this writ petition cannot be granted by this court for the same reason. However, if the petitioner has acquired any right on the basis of his possession, that can only be adjudicated by the civil court of the competent jurisdiction.
At this juncture, Mr. Chakraborty, learned senior counsel has prayed for some accommodation to weigh the option of approaching the civil court.
On the basis of the consensus, this court is inclined to grant 15[fifteen] days accommodation for the purpose as noted above. During that time, no coercive action against the petitioner shall be taken for evicting him from the land as reflected in the notice dated 22.06.2020 issued by the Estate Officer [the Sub-Divisional Magistrate, Dharmanagar, North Tripura]. This order is in no manner reflection on the merit of the grounds as assigned in the notice dated 22.06.2020 [Annexure-16 to the writ petition].
Having observed thus, this writ petition stands disposed of.
A copy of this order be furnished to Mr. Sharma, learned Addl. G.A. appearing for the respondents to apprise the Estate Officer [the Sub-Divisional Magistrate, Dharmanagar, North Tripura] for compliance.