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Vrs vs For The
2021 Latest Caselaw 687 Tri

Citation : 2021 Latest Caselaw 687 Tri
Judgement Date : 8 July, 2021

Tripura High Court
Vrs vs For The on 8 July, 2021
                                 Page 1 of 3


                     HIGH COURT OF TRIPURA
                           AGARTALA
                        WP(C) 239 OF 2020

Communist Party of India (Marxist) & Anr.

                                     Vrs.
The State of Tripura & 3 Ors.
Present:
    For the petitioner (s)    : Ms. R. Purkayastha, Advocate.

    For the respondent (s)     : Mr. D. Bhattacharjee, G.A.

Mr. P. Saha, Advocate.

HON'BLE MR.JUSTICE ARINDAM LODH 08.07.2021 Order

Heard Ms. R. Purkayastha, learned counsel appearing for the petitioner. Also heard Mr. D. Bhattacharjee, learned G.A. assisted by Mr. P. Saha, learned counsel appearing for the State-respondents.

At the very outset, learned G.A. has drawn my attention to a communication dated 08.02.2021 of Er. P. Debbarma addressed to the Director of Agriculture, Department of Agriculture & Farmers Welfare, Government of Tripura, Tripura. The said communication may be reproduced here-in-below, in extenso for convenience:

"Government of Tripura Office of the Executive Engineer, Department of Agriculture & Farmers Welfare, South Tripura: Udaipur.

No.F.1(6)-EE(Agri)/S/2019-20/4332-34 Dated, Udaipur the 08/02/2021.

To The Director of Agriculture, Department of Agriculture & Farmers Welfare, Government of Tripura, Tripura.

Subject: Comments required with respect to compliance of the Judgment, dated 06-07-2020 in W.P.(C) 239 of 2020 [C.P.I.(M), Belonia Sub-Division Committee & Anr. Vrs. State of Tripura & others.]

Ref: Letter No.F.2(284)-Agri/Estt/2019-20/13829-30 Dt.04.02.2021. Sir, In inviting reference to subject cited above, this is to be stated here that, the D.M. & Collector, South Tripura District has already intimated the action taken report in compliance of order of the Hon'ble High Court in C/W case No. W.P.(C) 239 of 2020 vide his letter No.10(56)-DM/S/MGNREGA(RURBAN)/2019-20/178 Dated, 06-08-2020.

In this connection this is to be added further that the Kutchha road as mentioned in the letter of the D.M. & Collector, South Tripura District is now developed with provision of brick soling [length-52.00 mtr, maximum breadth 6.50 mtr and minimum breadth 3.65 mtrs (12.00 mtr).

This is for kind information.

Yours faithfully,

(Er. P. Debbarma) Executive Engineer Deptt of Agriculture & Framers Welfare South Tripura: Udaipur."

Ms. Purkayastha, learned counsel has submitted that the subject matter of the writ petition is in regard to provide a pathway for free egress and ingress of the office of the petitioner. In pursuance of the order of the court three separate pathways were detected and proposed by the State-respondents to the petitioner. From the communication dated 08.02.2021, it is revealed that a road having length of 52.00 mtr., maximum breadth 6.50 mtr. and minimum breadth 3.65 mtr. has been provided to the petitioner for their free egress and ingress. Annexure-B of the counter affidavit dated 23rd February, 2021, which is a map prepared by the Deputy Collector and Magistrate, Belonia, South Tripura along with Surveyor has also confirmed the same. Ms. Purokayastha, learned counsel for the petitioner has taken this fact into consideration.

In view of this, I find that grievance of the petitioner has been met up and the instant writ petition is not required to proceed further. Consequently, the same stands disposed.

Pending application(s) if any, shall also stand disposed.

JUDGE

 
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