Present vs Mr. R. Dasgupta
2021 Latest Caselaw 418 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                             CRP 45 OF 2020
Present:
    For the petitioner (s)      : Mr.S.M.Chakraborty, Sr. Advocate.
                                  Mr. R. Dasgupta, Advocate.
     For the respondent         : None.

No.1 For the respondent : Mr. Prasantha Ghosh, Advocate. No.2

HON'BLE MR.JUSTICE ARINDAM LODH 26.03.2021 Order

Heard Mr. S.M.Chakraborty, learned Sr. counsel assisted by Mr. R. Dasgupta, learned counsel appearing for the petitioners.

Also heard Mr. P. Ghosh, learned counsel appearing for the respondent No.2.

Learned Sr. counsel has placed a notification dated 24th July, 2018 wherein the learned District Judge, West Tripura was directed to transfer all the cases to the court of learned Additional District Judge, Sepahijala District. Accordingly, all the cases were transferred. But the present case was not transferred and it is evident from the examination- in-chief filed by the petitioner that even they have filed their examination-in-chief on 3rd day of April,2019. Question arises why the petitioner had filed the examination-in-chief before the court of learned Additional District Judge, West Tripura, Agartala knowing fully well the notification. They proceeded to participate in the proceeding of the case and in view of that proceeding the learned Additional District Judge, West Tripura, Agartala had passed the judgment.

By filing this revision petition, the learned Sr. counsel has raised the question of territorial jurisdiction. True it is, that lack of territorial jurisdiction enters into the root of the case and if a court has no

territorial jurisdiction then, the judgment passed by the court should be treated as void ab initio. In the instant case, the land owner is deprived of his legitimate claim of compensation for acquisition of his land under the P & MP Act. Since I have already held that the court of learned Additional District Judge, West Tripura, Agartala had no territorial jurisdiction, I have no other alternative but to set aside the judgment dated 03.05.2019, passed by the learned Additional District Judge, West Tripura, Agartala.

Entire records of the case be placed before the learned Additional District Judge, Sepahijala, Bishalgarh within a period of 7(seven) days from the date of receipt of a copy of this order. The learned Additional District Judge, Sepahijala, Bishalgarh shall pass the judgment on the basis of the evidence which have already been recorded without taking into consideration the judgment already passed by the learned Additional District Judge, West Tripura, Agartala. The case shall be disposed of within a period of 2(two months) from the date of receipt of the record.

The petitioners are directed to appear before the court of learned Additional District Judge, Sepahijala District, Bishalgarh on 1st April,2021. It is also made clear that the learned Additional District Judge, Sepahijala , Bishalgarh shall issue notice upon the respondent to ensure his presence.

With the aforesaid direction, the instant petition stands allowed and disposed. Connected application(s), if any, shall also stands disposed.

JUDGE