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Judgment
Order
Heard Mr. DJ Saha, learned counsel appearing for the petitioners as well as Mr. D. Sarma, learned Additional GA appearing for the State-respondents.
By means of filing this writ petition, the petitioners have prayed for the following reliefs:
“i)Issue Rule NISI; ii) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a writ in the nature of Mandamus should not be issued directing Respondent No. 2 (District Magistrate & Collector, West Tripura) to expeditiously hear and finally dispose of Revenue Case No. 803 of 2022, instituted under Section 95 of the TLR & LR Act, 1960, within a time-bound period as maybe directed by this Hon'ble Court;
iii) Call for the records appertaining to this writ petition;
iv) Pass any other order/orders as this Hon’ble High court may deem fit and proper for fair ends of justice;
The grievance of the petitioners raised in this writ petition is to direct the District Magistrate & Collector, West Tripura, to expeditiously dispose of Revenue Case No. 803 of 2022. The underlying dispute involves an erroneous mutation in Khatian No. 1082, where excess land was recorded in favour of Respondent No. 3 following a 1982 family partition. It is the case of the petitioner that on 19.12.2022, the District Collector admitted the petitioners' Section 95 application and directed the SDM, Jirania, to submit a physical inquiry report within 14 days. However, the field survey was allegedly obstructed by Respondent No. 3. Despite a "put-up petition" filed in September 2024, the inquiry report remains pending. An August 2026 RTI response officially confirmed that no report was ever submitted. Aggrieved by this severe administrative inaction stalling the case for nearly four years, the petitioners pray for a time-bound resolution. Hence this writ petition.
The contention of Mr. Saha, learned counsel appearing for the petitioners is that since the initial order dated 19.12.2022, the revenue case remained pending for last four years. It is further submitted that the petitioner raised grievances to the respondents, but till date the same has not been addressed to.
Mr. D. Sarma, learned Additional GA appearing for the State-respondents has in all fairness submitted to pass appropriate order.
This court has perused the record and also has gone through the correspondences made therein. The court is to be governed by the principle of justice, equity and good conscious. The application under Section 95 of the TLR & LR Act is pending before the respondent-DM & Collector since 2022 and though certain administrative steps were taken for calling for the report from the concerned office but nothing has happened in deciding and disposing of the appeal. However, without entering into the merits of the case, this Court directs the respondent-DM & Collector to decide the application filed by the petitioners under Section 95 of the TLR & LR Act within a period of 4 (four) months from today. This court hopes and trusts that the respondents shall definitely dispose of the same within the time framed.
The instant writ petition is disposed of in the aforesaid manner.
Pending application(s), if any, also stands disposed.