Mr. K. Pandey vs None
2022 Latest Caselaw 435 Tri

                        HIGH COURT OF TRIPURA
                              AGARTALA

                              CRP 23 of 2022

For Petitioner(s)                     : Mr. K. Pandey, Adv.
For Respondent(s)                     : None.

              HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                   ORDER

11.04.2022

This is an application under Article 227 of Constitution of

India for setting aside the judgment dated 10.12.2021 for setting aside

the judgment dated 10.12.2021 passed by the Ld. Additional District

Judge, Sepahijala District, Bishalgarh in Civil Misc. (PMP) 53 of 2014

and allow the claim statement of the petitioners vide case No.Civil Misc.

(PMP) 53 of 2014.

[2] It is the case of the claimant-petitioners is that the claimant

petitioners submitted a claim statement before the Ld. District Judge,

West Tripura under Section 10 of Petroleum & Minerals, Pipelines

(Acquisitions of Right of user in land) Act, 1962 for awarding

enhancement of compensation. The case was subsequently transferred

to the court of Ld. Additional District Judge, Bishalgarh, Sepahijala

Judicial District. The Ld. Additional District Judge, Bishalgarh, Sepahijala

Judicial District after hearing both the parties by a Judgment dated

10.12.2021 passed in Civil Misc. (PMP) 53 of 2014 dismissed the

application under Section 10 of Petroleum & Mineral, Pipelines

(Acquisitions of Right of user in land) Act, 1962 and observed that

Additional District Judge cannot have any jurisdiction to determine the

proper compensate under Section 10(2) of the PMP Act as Ld. Trial

Court is not the Principal Court of civil jurisdiction in Sepahijala Judicial

District.

[3] Having heard the counsel for the claimant-petitions and

having perused the records, this court is of the view that the matter

shall be remanded back to the concerned court below to decide the

matter on merit since the issue of maintainability has been answered by

this court in several other matters wherein it is not only the District

Judge but also Additional District Judge who can deal with the matter.

[4] In view of the above, the present civil revision petition is

allowed setting aside the impugned order dated 10.12.2021 and

remanding the matter to the court below for deciding the case on merit.

JUDGE

Dipak