Decision No. TIC-46/C/2015-16 Dated 18-01-2016

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Decision No. TIC-46/C/2015-16 Dated 18-01-2016 ,.. l ffi ',J. lr I '-. rffir ,.,\ ( , /d:: n ta _'i'l\ ,. ,, i'l'" -'\y' ''t.i'i 'i+-l"/ TRIPURA INFORMATION COM MISSION Pt. Nehru ComPlex, Gurkhabasti la - 799 006 aint No. TIC- 46 of 2015-16 Shri Sukhajit Sinha, Slo Shri Swaraj Sinha, Vill: Vidyanagar, PO: Kirtantali, Kailasahar, Unakoti, TriPura. .Complainant VERSUS 1. The Additional District Magistrate & Collector, Olo the DM & Collector, Unakoti, Kailasahar, Tripura (SPIO). 2. The Sub-divisional Magistrate, Kailasahar Sub-division, Kailasahar, Unakoti, Tripura(sPlo)' .....'.....opposite parties' In the matter of a Complaint under Section 1B(1) of the RTI Act,2005. PRESENT shri Kasthala venkataa satyanarayanaa/ IAS (Retd) State Chief Information Commissioner 1. For the complainant: shri sukhajit sinha, the complainant. 2. For the Opposite party: Shri Ranjit Das, Deputy Collector, DM's Office, Unakoti, Kailashahar. Shri Ajit Sukla Dps, SDM, Kailashahar, Unakoti,TriPura,(SPIO). ORDER Dated : 18.1.2016 The Complaint No.TIC-46 of 2015-16 filed by Shri Sukhajit Sinha, S/o Shri Swaraj Sinha of Village Vidyaagar, Kailasahar, Unakoti District against the Respondents- the Addl. District Magistrate & Collector, Olo the DM & Collector, Unakoti district, Kailasahar who is the SPIO and the Sub-divisional Magistrate, N9, Page 1 of 3 who is also the sPIo was heard on 6.11.2015 and the commission gave directions to the Respondents. 2. The Complainant filed his application dated 24.4.20t5 under RTI to the SDM, \ Kailashahar who is the SPIO seeking information peftaining to MR Case No. 1396 of 2009 u/s 95 of the TLR & LR Act. He filed the complaint stating that he was not given complete information. During hearing, this matter was considered. The contention of the Complainant is that he was not supplied copy of the order under MR Case No.1396/2009. 3. After hearing the parties, the Commission directed the SDM, Kailashahar as well as the SPIO of the office of DM & Collector, Unakoti district to verify under which file the correction of record was ordered and in case no such correction was ordered by the DM & Collector or the SDM, Kailashahar, the same should be enquired into as to how the correction leading to the mutation was done. The case was posted for further hearing on 18.1.2016. 4. During hearing, the Complainant Shri Sukhajit Sinha was present and from the Opposite party, Shri Ajit Sukla Das, SDM, Kailashahar and Shri Ranjit Das, Deputy Collector who is the SPIO in the office of DM & Collector, Unakoti were present. 5. The SDM, Kailashahar filed an affidavit stating that an order was issued by the SDM, Kailashahar to the Revenue Inspector concerned under letter No.1396/F.10(5)/SDM/KLS/REV/09 dated 22.8.2009 for enquiry on the petition u/s 95 of TLR & LR Act, 1960. The letter No. of enquiry 1396 of 2009 was reflected in the Khatian which did not have any effect on the right and title of the existing computerized Khatian of 1316. He also clarified that copy of the Nathis of MR Case No.1662/98 and MR Case No.1902i99 were supplied to the Complainant Shri Sukhajit Sinha as per his application under RTI. On scrutiny of available records, the SDM, Kailashahar did not find any correction u/s 95 of the TLR & LR Act in respect of Khatian No.1316. 6. The DM & Collector, Unakoti also flled an affidavit. He specifically stated in his affidavit that Khatian No.1316 printed on L3.L.2OL2 was the outcome of two mutation cases t662l99 and 1902/99 and no fresh case No.1396/09 could be found in record. 7. A perusal of the affidavits filed by the SDM, Kailasahar and DM & Collector, Unakoti clearly indicate that No.1396/09 is not a case number and it was only a reference of a letter addressed by the SDM, Kailashahr to the Revenue Inspector, Kailashar Revenue Circle for enquiry. Ms n^-^ - -r - B. Since the SDM, Kailashahar has also clarifled in his affidavit that no of records has been carried out separately other than the mutation cases referred above in respect of Khatian No.1316, there is no futther information that has to be supplied to the Complainant, Shri Sukhajit Sinha. 9. In the light of the above, the complaint is dismissed' 10. Let copy of this order be sent to the Complainant and the Opposite parties free of cost. sd/- ( Kasthala Venkataa Satyanarayanaa ) State Chief Information Commissioner AuthentiCated bY: Wu"- ( Dr. Manas Dev ) Secretary Tripura Information Commission TRIPURA INFORMATION COMMISSION Pt. Nehru ComPlex, Gurkhabasti rtala - 799 006 : 18.1,2016 Com nt No. TIC- 46 of 2015-16 l5o -92- Dated Copy to: 1. Shri Sukhajit Sinha, S/o Shri Swaraj Sinha,I Vill: Vidyanagar, PO: Kirtantali, Kailasahar, Unakoti, TriPura. 2. The Additional District Magistrate & Collector, Olo the DM & Collector, Unakoti, Kailasahar, Tripura (SPIO). 3. The Sub-divisional Magistrate, Kailasahar Sub-division, Kailasahar, Unakoti, Tripura(SPIO). YtA'lENrrrrb- ( Dr. Manas Dev ) Secretary Tripura Information Commission Page 3 of 3.
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