Tripura High Court
Smt. Jyotsna Rani Das vs The Under Secretary on 7 April, 2022
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
L.A. APP. No.16/2020
1. Smt. Jyotsna Rani Das, W/o Lt. Nikhil Ch. Das,
2. Sri Tapan Das, S/o Nikhil Ch. Das,
3. Sri Naruttam Das, S/o Lt. Nikhil Ch. Das,
4. Sri Narayan Das, S/o Lt. Nikhil Ch. Das,
5. Sri Uttam Das, S/o Lt. Nepal Ch. Das,
6. Sri Swapan Das, S/o Lt. Nepal Ch. Das,
All residents of Village Bankimnagar, Jirania, P.S.- Jirania, District-
Tripura West.
----Appellant(s)
Versus
1. The Under Secretary, The Transport Department, Agartala, District-
Tripura West.
2. The Land Acquisition Collector, West Tripura, Agartala.
-----Respondent(s)
For Appellant(s) : Mr. D.R. Chowdhury, Sr. Advocate,
Mr. Diptanu Debnath, Advocate.
For Respondent(s) : Mr. P. Gautam, Advocate.
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
Date of hearing and judgment : 7th April, 2022.
Whether fit for reporting : NO.
JUDGMENT & ORDER (ORAL)
Heard learned counsel Mr. Diptanu Debnath appearing for the
appellants and learned counsel Mr. P. Gautam appearing for the respondent
No.2-Land Acquisition Collector.
2. In the present appeal challenge has been made to an order dated
29.07.2013 passed by the learned Land Acquisition Judge, West Tripura,
Agartala in Misc. (L.A.) 267 of 2012 directing that the reference was
answered in the negative in view of the fact that the claimants did not file
any claim statement.
3. It is stated by the learned counsel for the appellants that the
predecessor of the claimant-petitioners, the appellants No.1 to 4 herein,
Nikhil Chandra Das had been suffering from various diseases consequent
upon which he was being treated at various locations and, therefore, could
not contact his lawyer to pursue the reference made in the matter. Assertions
have been made in the affidavit and there is no cause for this Court to doubt
the correctness thereof.
4. Therefore, this Court is of the considered view that the order
dated 29.07.2013 be set aside and quashed and so, it is directed.
The matter stands remitted back to the Court of the learned
L.A. Judge, West Tripura, Agartala to take up Misc. (L.A.) 267 of 2012
afresh and the claimants are granted four weeks' time from today to file a
claim statement before the learned L.A. Judge along with whatever
documentary evidence they may seek to substantiate their claims.
Thereafter, the proceedings be taken up in due course and disposed of
expeditiously, preferably within a period of four months from the date of
communication of a copy of this order. In this respect, the appellants are
directed to appear before the Court of the learned L.A. Judge on 25.04.2022
along with a certified copy of this order to enable the learned L.A. Judge to
fix a date for filing of claim statement and to follow up the proceedings in
accordance with law.
5. The appeal is allowed in terms of above directions.
6. Stay order, if any, stands vacated.
Pending application(s), if any, also stands disposed of.
Send the lower court records forthwith.
(INDRAJIT MAHANTY), CJ
Pulak
