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2025 DAILYLAW 96 (TRI)

Smt. Binandari Reang v. The State of Tripura and 9 others

WP(C)/691/2025 · 2026-01-05

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) 691 of 2025 Smt. Binandari Reang, W/o- Sri Ramdewan Reang, D/o- Late Birchandra Reang, Resident of Saikar Para, Sakhan Serhmun, Dasda, P.O Ananda Bazaar, P.S- Kanchanpur, North Tripura, Pin-799271. …......Petitioner Versus 1. The State of Tripura, Represented by the Secretary to the Government of Tripura, Revenue Department, having its office at Civil Secretariat, NCC Complex. P.O. Kunjaban, PIN-799010. 2. The Secretary, Tribal Welfare Department, Government of Tripura, having its office at Civil Secretariat, New Capital Complex, P.O- Agartala, Secretariat, PIN-799010. 3. The Director, Tribal Welfare Department, having its office at P.N. Complex, Gurkhabasti, Agartala, P.O. Kunjaban, PIN-799010. 4. Tripura Tribal Areas Autonomous District Council (TTAADC in short), Represented by the Chief Executive Officer, having its office at Main Administrative Building, Khumulwng, P.S. Radhapur, Dist. West Tripura, PIN-799035. 5. The Principal Officer, Department of Village Committee, Tripura Tribal Areas Autonomous District Council (TTAADC), Main Administrative Building, Khumulwng, P.S. Radhapur, Dist-West Tripura, PIN-799035. 6. The Principal Officer, Department of ARDD, Tripura Tribal Areas Autonomous District Council (TTAADC), having its office at Main Administrative Building. Khumulwng. P.S. Radhapur, Dist. West Tripura, PIN 799045. 7. The Zonal Development Officer (ZDO), TTAADC, Dhalai Zonal Development Office, having its office at Shikabri Bari, P.S. Ambassa, Dist. Dhalai, Tripura, PIN-799289. 8. The Sub-Divisional Magistrate, Gonda Twisa Sub-Division, Gonda Twisa, P.O. Gandacherra, Dist. Dhalai, Tipura, PIN-799284. Page 2 of 4 9. The Secretary, Ramnagar ADC Village Committee, Kalajari, P.O. Sarma, Ganda Twisa, PIN-799284. 10. The Secretary , Kalajari ADC Village Committee, Kalajari, P.O Sarma, Dist. Dhalai, Tripura, PIN- 799284. …………Respondents For the Petitioner(s) : Mr. Mintu Debbarma, Advocate. For the Respondent(s) : Mr. P. Gautam, Sr. G.A. Mrs. P. Chakraborty, Advocate. HON’BLE JUSTICE DR. T. AMARNATH GOUD O R D E R 05.01.2026 [1] Heard learned counsel appearing for the respective parties. [2] This present writ petition is filed under Article 226 of the Constitution of India seeking the following reliefs: “i. Issue a writ of mandamus directing the respondents to conduct an inquiry into the petitioners' applications dated 24.08.2018 and 11.09.2018 and take steps for removal of unauthorized structures and restoration of possession of the land in terms of the demarcation report dated 13.07.2018. ii. Issue a writ of certiorari directing the respondents to produce all relevant records relating to demarcation. occupation, and administrative actions for the land described in Hal Dag No. 1278, Khatian No. 4, Ganda Twisa. iii. Declare that the inaction of the respondents is unconstitutional, arbitrary, and violative of the petitioners' rights under Article 14 and 21. iv. Pass such other or further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” [3] It is the case of the petitioner that the petitioner belonging to a poor tribal family, she along with her elder brother inherited land from their father land measuring 0.68 acres having Hal Dag No. 1278 (Sabek Dag No. 62/565(P), Khatian No. 4, situated under mouja Ramnagar, tehsil Raishyabari under Ganda Twisa Sub-Division, Dhalai District. The petitioner submitted a prayer for demarcation on the land in question and, thereafter, tehsildar submitted a demarcation report on 13.07.2018 confirming the boundaries and unauthorized occupation/construction upon the petitioner's land by various authorities/structures including ADC Village Committee buildings, ARDD sub-centre, fish/meat market, and temporary stalls. Based on the demarcation, the petitioner filed two applications on 24.08.2018 and 11.09.2018 seeking recovery of possession, but no action was taken. The petitioner, thereafter, approached the District Magistrate & Collector, Dhalai, Tripura, who forwarded the matter to SDM for necessary action. Thereafter, the petitioner submitted advocate's notices and reminders dated 15.12.2023 and 17.04.2024. Hence, this petition. [4] Mr. Mintu Debbarma, learned counsel appearing for the petitioner submits before this Court that the land of the petitioner has been illegally occupied by the authority particularly belonging to the Tripura Tribal Areas Autonomous District Council (TTAADC). In this regard, the petitioner herein approached the concerned authority on several occasions for removing the construction but all efforts of the petitioner ended in smoke. Being aggrieved, this present writ petition has been filed. [5] It is seen from the record that the demarcation was taken place on 13.07.2018 by the tehsildar and according to the submission made by the learned counsel of the petitioner, the construction was done much earlier to the demarcation. Therefore, it appears to this Court that the petitioner approached this Court much later of the demarcation i.e. almost a period of long delay, which is according to this Court is hit by laches. [6] It is also observed that even in the pleadings, the petitioner has not made out the case to point out the legal infirmities committed by the respondents. All these also remained silent in the writ affidavit filed by the petitioner. [7] According to this Court, moreover, the petitioner did not approach this Court with clean hands and thus, being devoid of merit, the present writ petition is liable to be dismissed and the same is ordered. [8] With the above observation, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. DR. T. AMARNATH GOUD, J Paritosh SABYASAC HI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2026.01.13 10:35:01 +05'30'