Shri Debesh Bhattacharjee vs The State Of Tripura And Ors
2022 Latest Caselaw 1140 Tri

                                 Page 1 of 2


                        HIGH COURT OF TRIPURA
                             AGARTALA
                        WP(C) NO.716 OF 2022

   Shri Debesh Bhattacharjee
                                               ......... Petitioner(s)

                     Vs.

   The State of Tripura and ors.

                                               ....... Respondent(s)

For the Petitioner(s) : Mr. T.K. Deb, Advocate.

For the Respondent(s) : Mr. D. Bhattcharjee, G.A.

Mr. S. Saha, Advocate

Date of hearing and delivery of Judgment & Order : 21.12.2022.

Whether fit for reporting : YES/NO.

HON'BLE THE CHIEF JUSTICE(ACTING)

JUDGMENT AND ORDER(ORAL)

The petitioner has claimed compensation before the Land

Acquisition Collector by enclosing the true copy of the judgment and

order dated 20.01.2016 passed in L.A. App. No.69 of 2012.

Subsequently, he placed on record the certified copy and in view of

the delay, the case of the petitioner was not considered.

Hence, this instant writ petition has been filed under Article

226 of the Constitution of India seeking the following reliefs:-

" i) Admit the petition;

ii) Issue notice upon the respondents;

iii) Issue Rule, calling upon the respondents to show cause as to why all records relating to the case of the petitioner should not be transmitted to this Hon'ble Court;

iv) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof should not be passed quashing/setting aside the impugned order passed by the Land Acquisition Collector, West Tripura, Agartala in Misc.(L.A.) 14 of 2016 dated 18.02.2022.

v) Issue Rule, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus should not be passed directing the respondent No.2 to hear the petition filed under Section 28-A of the L.A. Act(Annexure-1) for re- determination of compensation along with the original certified copy of the judgment and order passed in 20.01.2016 in WP(C) No.69 OF 2012;

vi) After hearing, be pleased to make the Rules absolute in terms of Prayer i, ii & iii above;

vii) Any other relief(s) as to this High Court may deem fit and proper;"

Heard both sides and perused the evidence on record.

The impugned order passed by the Land Acquisition

Collector, West Tripura dated 18.02.2022 in Misc.(L.A) No.14 of

2016 is set aside and the same is remanded back to the concerned

Land Acquisition Collector to consider the demand of the petitioner

with regard to payment of his compensation in accordance of law as

expeditiously as possible.

With the above observation and direction, this instant writ

petition stands allowed and thus disposed of.

CHIEF JUSTICE (ACTING)

suhanjit