TRIPURA CO-OPERATIVE MILK PRODUCER UNION LIMITED Vs. MADHURA MANJURI SINGH DEO ALIAS MANIKA RANA

JUDGEMENT

(1.) This appeal is filed by the Tripura Co-operative Milk Producer Union Limited to challenge the judgment dated 31.03.2016 passed by the learned Single Judge in Writ Petition (C) No.146 of 2013.

(2.) The writ petition was filed by the present respondents. They had challenged the order dated 31.12.2012, passed by the Settlement Officer, Government of Tripura in exercise of revisional powers under Section 95 of Tripura Land Revenue and Land Reforms Act, 1960 [TLR and LR Act, for short] directing mutation of a land comprising Khatian No.4438/1 of Mouja Indranagar against Plot No.3735 (new) admeasuring 2.63 acres which was a jote land of the petitioners and which was inherited by them as the legal heirs of deceased Smt. Jugal Kishori Devi.

(3.) From the record it appears that said Smt. Jugal Kishori Devi died in the year 1985 leaving behind the petitioners i.e. two daughters and one son as her legal heirs. According to the petitioners in the year 1999 they came to know that the Tripura Co-operative Milk Producer Union Limited, respondent No.2 had taken possession of the said land without their permission. They thereupon wrote a letter dated 10.11.1999 to the Managing Director of the Co-operative Union that the Union should vacate the land or pay the market price for acquisition of the same. The respondent No.2 thereupon filed an application before the Assistant Survey Officer, respondent No.4 under Section 43(1) of the TLR and LR Act which was entertained as an objection case. The respondent No.4 passed order dated 26.06.2002 and rejected the request of the Milk Producer Union on the ground that no supporting documents of the claim regarding ownership or possession of the land were produced by the Union. Respondent No.2 thereupon wrote to the revisional authority on 14.05.2003 and objected to the said order of the respondent No.4. This was treated as a revision petition in which the order was passed on 31.12.2012 allowing the revision and reversing the order of the respondent No.4. Concluding portion of this order reads as under: