Md. Abdul Monaf And Ors. vs State Of Tripura And Ors.

Heard Ms. S. Deb, learned counsel appearing for the petitioners as well as Mr. S. Chakraborty, learned Addl. G.A. appearing for the respondents.

All these writ petitions, being W.P.(C) 1317 of 2016 [Md. Abdul Monaf vs. The State of Tripura & Ors.], W.P.(C) 1322 of 2016 [Md. Nazir Ali vs. The State of Tripura & Ors.], W.P.(C) 1323 of 2016 [Sri Shimanshu Acharya vs. The State of Tripura & Ors.], W.P.(C) 1324 of 2016, [Sri Anil Chandra Nath vs. The State of Tripura & Ors.] W.P.(C) 1379 of 2016 [Sri Kshitish Chandra Nath vs. The State of Tripura & Ors.] and W.P.(C) 1380 of 2016[Sri Kunal Nath vs. The State of Tripura & Ors] are consolidated for disposal by a common judgment inasmuch as a common question wades through all these writ petitions.

The petitioners were admittedly allotted stalls constructed by Kadamtala Panchayat Samiti in the gallery of Kadamtala Higher Secondary School by the allotment order dated 28.05.2014 [Annexure-1 to each of the writ petitions] issued by the Panchayat Secretary of Kadamtala Village Panchayat. Without any notice, by the communication dated 30.10.2015 [Annexure-2 to each of the writ petitions] the said allotment orders were cancelled by the Panchayat Secretary, Kadamtala Gram Panchayat on the purported ground that at the time of allotment by the allotment order dated 28.05.2014, no transparent policy of allotment was followed. In this backdrop, Kadamtala Panchayat Samiti took a resolution on 12.09.2014 cancelling the said allotments. Pursuant to the said resolution, the communication dated 30.10.2015 had been issued by cancelling the allotments in favour of the petitioners. By the said communication, the petitioners were asked to collect their deposit from the Panchayat Secretary.

It has surfaced further that on apprehension of breach of peace or tranquillity in the area as regards the cancellation, by the order of the Sub-Divisional Magistrate, Dharmanagar, North Tripura, those stalls have been put under attachment by making entry in the said stalls. The petitioners have thus alleged that their properties are in the said stalls and they are not being allowed to enter in the said stalls. It is really surprising that without any notice the allotments were cancelled.

In their reply the respondents have admitted the above fact in its entirety. However they have submitted that under Section 112 of the Tripura Panchayat Act, 1993, the Panchayat Samiti is authorised to manage the properties constructed by them. Nobody is challenging the said authority of the Panchayat Samiti. The Panchayat Samiti being a local body created by the Constitution of India as well as under the Tripura Panchayat Act, 1993, it is 'the State' within the meaning provided under Artilce 12 of the Constitution of India and, as such they are also obligated by Article 14 of the Constitution of India. The State cannot act arbitrarily or cannot refuse to follow the basic tenets of law, such as, to provide the reasonable opportunity following the tenets of the natural justice when the citizens are going to be affected by any state action particularly in respect of a right that has been created by the state. In this case, this court finds that no such opportunity was at all given to the petitioners before cancellation of the allotment order or before attachment.

In view of this, the impugned orders [Annexure- 2 to each of the writ petitions] are set aside and quashed. The Sub-Divisional Magistrate, Dharmanagar, North Tripura is directed to vacate attachment order and hand-over the possession to the petitioners within a period of 7(seven) days from the date when they would receive a copy of this order. However, the Kadamtala Panchayat Samiti is permitted to take appropriate action only if there are permitted by law and on observing the principles of natural justice.

With these observation and direction, these writ petitions, being W.P.(C) 1317 of 2016, W.P.(C) 1322 of 2016, W.P.(C) 1323 of 2016, W.P.(C) 1324 of 2016, W.P.(C) 1379 of 2016 and W.P.(C) 1380 of 2016 are allowed to the extent as indicated above and disposed of.

A copy of this order be furnished to Mr. S. Chakraborty, learned Addl. G.A. forthwith.