For vs Mr. Kohinoor N. Bhattachajree
2021 Latest Caselaw 546 Tri

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                          HIGH COURT OF TRIPURA
                                AGARTALA
                              WA No. 84 of 2018
For Appellant(s)      :     Mr. K. N. Bhattacharjee, Sr. Advocate.
                            Mr. Kohinoor N. Bhattachajree, Advocate.
For Respondent(s)     :     Mr. D. Bhattacharjee, Govt. Advocate.

          HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI
           HON'BLE MR. JUSTICE S. G. CHATTOPADHYAY

                                    ORDER

26/04/2021 (Akil Kureshi, CJ)

This appeal is filed by the original petitioner whose writ petition was

dismissed by the learned Single Judge by the impugned judgment dated

31.05.2018. One of the grounds recorded by the Single Judge for rejecting the

petition was that the petitioner had filed a suit before the civil Court which was

pending. Learned counsel for the appellant original petitioner pointed out that in

the appeal the appellant has clarified that no such suit was ever filed and that it

was only on account of a typographical error that such a declaration had gone

into the writ petition.

Case of the appellant petitioner in brief is that the petitioner has a land

which is used by the Government's school for its play ground. The land has not

been given by the petitioner to the Government for such purpose nor the same

has been acquired after paying compensation. The petitioner, therefore, requests

that the possession of the land may be returned to the petitioner or he may be

paid compensation upon acquisition of land or the land may be acquired after

paying compensation.

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The Government had not filed a reply in the writ petition. In appeal also

no reply has been filed, presumably because the writ petition was dismissed

recording that the petitioner had already filed a civil suit. Now that the petitioner

clarifies that no such suit was ever filed, let the Government file reply in this

writ appeal and bring full facts on record.

List the matter on 24.05.2021.

   (S. G. CHATTOPADHYAY),J.                        (AKIL KURESHI),CJ.




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