Thailendra Marak vs State Of Tripura And Ors

T. Amarnath Goud, J

It is the case of the petitioner that from the time of his forefather, the petitioner is residing in the land in question situated in Kalidas Para, ADC area, Agartala West Tripura. So, the petitioner applied for Forest Right to Forest Land under Rule 11(1)(a) of the Scheduled Tribes and other Traditional Forest Dwellers(Recognition of Forest Rights) Rules, 2007. But, the said claim was rejected. Thereafter, the petitioner submitted several letters to authorities for obtaining the allotment of the land in question. Subsequently, a hearing notice dated 01.10.2019 was issued by the D.M. & Collector, West Tripura Agartala inter alia directing the petitioner to remain present on the hearing date scheduled on 15.10.2019. Accordingly, the petitioner complied but no order was communicated to the petitioner. Accordingly, the petitioner submitted letters to the authorities but the same did not evoke any response. Thereafter, some contractor came to the house of the petitioner and started demolishing the constructed huts of the petitioner, and hence on 19.02.2022, the petitioner served a legal notice to the respondents inter alia making a request for stopping the demolition work but the same did not evoke any response.

Hence the petitioner herein filed this instant writ petition. Heard Mrs. R. Chakraborty, learned counsel appearing for the petitioner as well as Mr. Kohinoor N. Bhattacharjee, learned counsel appearing for the respondents.

Without expressing any opinion on the merits of the instant case, the same is disposed of directing the respondents to provide the copy of the decision to the petitioner which has been passed in pursuance to the hearing scheduled on 15.10.2019, at 11.00 A.M., in the conference Hall, DMs Office, West Tripura by the District Level Forest Right Committee. Upon receipt of such decision from the respondents, the petitioner is at liberty to take appropriate steps in accordance with the law, if so advised.