Shri. Charendra Reang v. The State of Tripura and 5 Ors

ORDER

31.07.2025 [1]

Heard Mr. Samar Das, learned counsel appearing for the petitioner. Also heard Mr. P. Gautam, learned Sr. Govt. Advocate appearing for the respondents-State. [2]

This present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- "i) Admit this petition.

ii) Issue notice.

iii) Call for the records relevant to the subject matter of this issue.

iv)After hearing the parties to be pleased to issue a writ in the nature of mandamus directing Respondents and Each of them to handover the allotted land. AND Issue a writ in the nature of mandamus directing Respondents and each of them to cancel and resettlement location at Kalilowgang and East Laxmichara for Bru IDPS. AND Also direction may be given to grant compensation to the tune of Rs.1,50,00,000.00/- for the land allocated to the Bru IDPS. Directing Respondents to cancel and resettlement location at Kalilowgang and East Laxmichara for Bru IDPS."

[3]

Brief facts leading to this case is that, the petitioner herein have been allotted a land falls under Forest Department following the due procedure of law. Thereafter, the petitioner herein started raising rubber plantation which was duly inspected by Rubber Board. Petitioner also digs pond in which pisci culture has been carried out making an attractable profit per year. That apart,

the petitioner also cultivated vegetables and paddy. The Petitioner is enjoying the said land and received his livelihood from this land only. On 06.10.2023 the villagers made a representation to the SDM Santirbazar, South Tripura stating inter-alia that if any re-resettlement of the Bru IDPS be made on his land, then villagers will face starvation due to lack of food and Jhum cultivation and other forest cultivated articles. The villagers also made a representation to the Hon'ble Chief Minister Govt. Of Tripura regarding their anticipated sufferings due to the rehabilitation for the Bru Peoples in the locality. The State authorities without paying any attention to the sufferings of the villagers and the petitioner, started arrangements for rehabilitation, destroying the Rubber plantation, pond, vegetable and paddy land by changing the cultivated land as a rehabilitation land, also entering the excavator machine and other machines which results ultimate destruction of the petitioner's land. Hence this Petition. [4]

It is contended by Mr. Samar Das, learned counsel appearing for the petitioner that without listening to the hardships of the villagers and the petitioner the respondent authorities started arrangements for rehabilitation of Bru IDPS by destroying the rubber plantation as well as vegetables and paddy land by using excavator machine so, the petitioner raised a demand of Rs. 1.50 crores before the concerned respondents. At last, he prays to allow his petition. [5]

On the other hand, Mr. P. Gautam, learned Sr. Govt. Advocate strongly opposes the demand raised by the petitioner since, according to him the same would cause heavy impact on the public exchequer, so he urges before this Court to dismiss the petition. [6]

After perusal of the record, it has been seen that the petitioner herein issued a statutory notice dated 18.12.2024

demanding compensation of Rs. 1,50,00,000/- to the respondents-State without any basis. At this juncture, this Court feels that it cannot adjudicate the matter under Article 226 of the Constitution of India. [7]

In view of the same, without expressing any opinion on merits of the case, this present writ petition is dismissed. However, concerned respondents to consider the issues which are the subject-matter in this writ petition and resolved the same at the earliest. The claim amount of Rs. 1,50,00,000/- is dismissed as no basis.

With the above observation and direction, this present writ petition stands dismissed. As a sequel, miscellaneous application(s), pending if any, shall stand closed.

DR. T. AMARNATH GOUD, J

Paritosh SABYAS ACHI GHOSH by SABYASACHI GHOSH Date: 2025.08.07 12:54:50 +05'30'

HIGH COURT OF TRIPURA AGARTALA WP(C) No. 419 of 2025 Sri Charendra Reang ………Petitioner(s) Versus The State of Tripura & Ors. ……..Respondent(s) For Petitioner(s) : Mr. Samar Das, Advocate. For Respondent(s) : Mr. P. Gautam, Sr. G.A. HON'BLE JUSTICE DR. T. AMARNATH GOUD