Mr. Ranjit Dasgupta vs Mr. P. Ghosh
2021 Latest Caselaw 515 Tri

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                         HIGH COURT OF TRIPURA
                               AGARTALA
                                   CRP 1/2021
For Petitioner(s)          :      Mr. Ranjit Dasgupta, Advocate
For Respondent(s)    :   Mr. P. Ghosh, Advocate

HON'BLE MR. JUSTICE ARINDAM LODH Order 16/04/2021 Heard Mr. Ranjit Dasgupta, learned counsel appearing for the petitioner as well as Mr. P. Ghosh, learned counsel for the respondents.

It is submitted that the award by the competent authority was passed on 04.04.2011. The land owners filed application under Section 10 of the PMP Act, before the learned District Judge, West Tripura, Agartala on 21.08.2012.

From the face of the application, it reveals that the application under Section 10 of the PMP Act has been filed beyond expiry of 90 days i.e. the prescribed period of limitation.

For this reason, I am inclined to set aside the award passed by the learned Additional District Judge, Sepahijala, Bishalgarh vide judgment and order dated 14.01.2020 in connection with Civil Misc.(PM) 29 of 2014.

However, I remit the matter to the court of learned Additional District Judge, Sepahijala, Bishalgarh. After receipt of the order of this court, the learned Additional District Judge, Sepahijala, Bishalgarh shall issue notice upon the parties concerned and, will provide opportunity to the petitioner to file application for condonation of delay in filing the application under the PMP Act and, thereafter, pass the judgment in accordance with law.

With the above observation and direction, the instant application stands allowed and thus disposed off.

Pending application(s), if any, also stands disposed of.

JUDGE

Saikat