Mr. T. Debbarma vs Mr. B.N. Majumder
2021 Latest Caselaw 1107 Tri

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                        HIGH COURT OF TRIPURA
                              AGARTALA
                            Cont.Cas(C)No.48 of 2021
For Petitioner(s)          :      Mr. T. Debbarma, Adv.
For Respondent(s)          :      Mr. B.N. Majumder, Sr. Adv.

Mr. R. Tiwari, Adv.

Mr. R. Datta, Adv.

HON'BLE MR. JUSTICE S. TALAPATRA

Order 15/11/2021

Mr. R. Tiwari, learned counsel who appears for the respondents

No.1, 2 and 4 along with Mr. R. Datta, learned counsel has urged for some

accommodation for placing the stay order from the apex Court in which forum

the respondents in the writ petition have filed a special leave petition against

the very judgment which has been allegedly violated, but according to Mr.

Tiwari, learned counsel the said SLP has not been listed as yet. By the order

dated 17.09.2021, this Court had occasion to observe that unless the stay

order is produced, the matter would proceed. However, having regard to the

statement made by Mr. Tiwari, learned counsel, this Court is extending the

time for production of the stay order from the apex Court. But this one is the

final opportunity.

List the matter on 06.12.2021.

Mr. B.N. Majumder, learned senior counsel appearing on

instruction of the respondent No.3 has submitted that the said respondent had

no role in implementation of the said judgment dated 16.04.2021.

On the next date, this issue will be decided by this Court as

apparently, this Court is satisfied that the respondent No.3 might not have had

any role inasmuch as he has retired from service, much before the said

judgment and order dated 16.04.2021 was passed.

In view of the above observation, the respondent No.3 in

particular, may file an affidavit dealing with the facts as would be relevant to

show that the respondent No.3 had retired before the said judgment and order

was passed.

The remaining respondents are also given liberty to file their

reply, if any.

No further accommodation would be provided on the next date.

JUDGE

Sabyasachi B