Tripura High Court
Mr. P. Roy. Barman vs None on 19 December, 2022
HIGH COURT OF TRIPURA
AGARTALA
CRP No.97/2022
For Petitioner(s) : Mr. P. Roy. Barman,Sr. Advocate.
Mr. S. Bhattacharjee, Advocate.
Mr. K. Nath, Advocate.
For Respondent(s) : None
HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
19/12/2022
Heard Mr. P. Roy Barman, learned senior advocate appearing
along with Mr. S. Bhattacharjee and Mr. K. Nath, learned advocates. Perused
the record.
[2] The petitioners have challenged the eviction notice dated
03.03.2022 as well as the order passed by the Principal Secretary to the
Revenue Department in case No.06/Appeal/Revenue/Secy/ 2021.
[3] Mr. P. Roy Barman, learned senior advocate appearing for the
petitioners has relied on the order dated 23.03.2022 passed by the learned
Single Judge of this Court in WP(C) No.259 of 2022 whereby the learned Single
Judge restrained the Agartala Municipal Corporation from taking any further
action pursuant to said notice dated 03.03.2022 which is Annexure-11 to the
writ petition.
[4] The petitioners were also reminded of the prohibition as recorded
by this Court in the judgment dated 13.11.2017 passed in WP(C) No. 180 of
2017. Under the said order dated 23.03.2022 passed in WP(C) No. 259 of
2022, the Principal Secretary, Revenue Department was requested to send a
copy of the final order passed in the appeal pending before him to the
Assistant Municipal Commissioner, Central Zone, Agartala Municipal Corporation
immediately after the said order is delivered.
[5] At this juncture, it would be appropriate to reproduce the relevant
extract of the order of the learned Single Judge in WP(C) No. 259 of 2022
which is as under:
"7. Meanwhile, Agartala Municipal Corporation-respondents shall
not take any further action pursuant to the notice dated 03.03.2022
[Annexure-11 to the writ petition]. The petitioners are as well reminded of the
prohibition as recorded by this court in the judgment dated 13.11.2017.
Therefore, they should act accordingly. The Agartala Municipal Corporation-
respondents shall be at liberty to take further action, if required, subject to the
final order that would be passed in the appeal No.
06/Appeal/Revenue/Secy/2021. For this purpose, the Principal Secretary,
Revenue Department is requested by this court to send a copy of the order
that will be passed in the said appeal to the Assistant Municipal Commissioner,
Central Zone, Agartala Municipal Corporation immediately after the order is
delivered.
In terms of the above, this writ petition stands disposed of.
There shall be no order as to costs.
A copy of this order be supplied to the counsel for the parties.
The records as produced by the Mr. A. Dey, learned counsel appearing
for the State-respondents is returned. "
[6] By this time, the Principal Secretary, Revenue Department has
decided in case No.06/Appeal/Revenue/Secy/2021 U/S-93(1) of the TLR & LR
Act 1960 by order dated 21.05.2022. The petitioners have challenged this order
on multiple grounds.
[7] In view of the whole circumstances placed before this Court, this
Court is of the considered view that there are arguable points in the case and
therefore, the petition should be heard on merit.
[8] Issue notice to the respondents. Steps be taken by the petitioners
within a period of 05 (five) days from today. Till the returnable date i.e.
12.01.2023, the parties shall maintain status-quo in respect of the land in
dispute which is the subject matter of this litigation.
List the matter on 12.01.2023.
JUDGE
paritosh
