Mr. B. Majumder vs Mr. A. Nandi
2021 Latest Caselaw 1267 Tri

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                        HIGH COURT OF TRIPURA
                             AGARTALA

       CRP   NO.83      OF   2021/CRP   NO.84   OF   2021
       CRP   NO.85      OF   2021/CRP   NO.86   OF   2021
       CRP   NO.87      OF   2021/CRP   NO.88   OF   2021
       CRP   NO.89      OF   2021/CRP   NO.90   OF   2021

        HON'BLE MR. JUSTICE T. AMARNATH GOUD

Present:
For the Petitioner(s)             : Mr. B. Majumder, Asst. S.G.

For the Respondent(s)             : Mr. A. Nandi, Advocate.

Mrs. S. Deb, Advocate.

17.12.2021

Order

Heard Mr. B. Majumder, learned Asst. S.G. appearing

for the petitioners as well as Mr. A. Nandi, learned counsel

appearing for the private respondents, and Mrs. S. Deb,

learned counsel appearing for the State-respondents.

All these CRPs are tied up together for disposal by

common judgment and order in as much as identical

question is involved in these civil revision petitions.

Mr. Subhasis Bandopadhay, L.A. Collector, Sipahijala

District is present in the Court today. His presence for the

future is dispensed with. Mr. Subhassis Bondopadhay, L.A.

Collector when enquired by this Court submits that he will

comply with the order of the Court passed in WP(C)

No.1163 of 2019 and ors., in its true letter and spirit. The

reason for not disbursing the amount is that amount has not

been deposited in his L.A. account by the petitioner herein,

i.e. the Union of India.

Mr. B. Majumder, learned Asst. S.G. submits that

the L.A. Collector has not complied with the order in WP(C)

No.1163 and ors., and when the Court has asked him to

point out the specific portion of the order which has not

been complied with, the learned Asst. S.G. has drawn the

attention of this Court to Para-7 of the WP(C) No.1163 of

2019 and ors., and contended that only after due

verification with regard to the status of the claimants as a

landowner or occupant, the amount is to be paid.

This Court is not convinced with the contention of the

learned Asst. S.G. since it is not for the petitioner-Union of

India to verify whether the amount is being disbursed to the

right person or not. The petitioner is obligated to deposit

the awarded amount with the L.A. Collector and the L.A.

Collector shall disburse the same to the appropriate

persons. It is the bonafide duty of the petitioner-Union of

India to deposit the awarded amount having taken

possession of the land decades ago. The Government is not

expected to act in a casual manner against the interest and

property of the poor citizens in violation of Article 300A of

the Constitution of India.

In view of same, the instants CRPs are disposed of

directing the petitioner-Union of India to deposit the

awarded amount within a period of 2(two) weeks from

today positively to the account of the L.A. Collector in this

subject matters. On receipt of the said amount, L.A.

Collector shall issue notices to the claimants indicating the

date and time to be present in his office along with the

relevant documents for disbursing of the amount in their

favour. The documents required shall be specified in respect

of each claimant according to facts of each case. After

completing the said inquiry by the L.A. Collector, the

amount shall be disbursed forthwith. This exercise by the

L.A. Collector shall be completed within a period of 2(two)

weeks after the receipt of the amounts from the Union of

India, the petitioner herein.

Accordingly, with the above observation and

directions, the instant CRPs stands disposed of.

JUDGE

suhanjit