Tripura High Court
Sri Lura Darlong vs The State Of Tripura on 10 February, 2023
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
WP(C) NO.765 OF 2022
Sri Lura Darlong,
S/o late Neidinga Darlong,
Vill- Kathal Chara, Old Darlong Basti,
P.O. & P.S. Nepal Tilla,
District, Dhalai Tripura.
......... Petitioner(s).
Vs.
1. The State of Tripura,
Represented by the Principal Secretary,
Department of Education, Govt. of Tripura,
New Secretariat Building, P.S.- NCC,
P.O.- Secretariat, Agartala, West Tripura,
Pin-799010.
2. The Director, Education Department,
Govt. of Tripura, Agartala, District- West Tripura,
Pin-799001.
3. The Headmaster,
Kathalchara, T.M.C. High School,
Nepal Tilla under Chhailengta Inspectorate of School,
P.S. Nepal Tilla, District- Dhalai Tripura.
4. The Superintendent of Police,
Dhalai Tripura, Ambassa, through Director General of Police,
Police Headquarter, Agartala, West Tripura, PIN-799001.
5. The Officer-in-charge,
Nepal Tilla Police Station,
District- Dhalai Tripura through,
Director General of Police, Police Headquarter,
Agartala, West Tripura, PIN-799001.
6. The Sub-Divisional Magistrate,
Ambassa, Dhalai Tripura.
.......Respondent(s)
For the Petitioner(s) : None.
For the Respondent(s) : Mr. Kohinoor N. Bhattacharjee, Advocate.
Date of hearing and delivery of
Judgment & Order : 10.02.2023.
Whether fit for reporting : YES/NO.
HON'BLE THE CHIEF JUSTICE(ACTING)
JUDGMENT AND ORDER(ORAL)
When the case is called, there is no representation on
behalf of the petitioner. Heard Mr. Kohinoor N. Bhattacharjee,
learned counsel appearing for the respondents. Earlier also, it
is seen from the record that Mr. P.K. Ghosh, learned counsel
for the petitioner has not appeared and this Court draws an
inference that the petitioner is not interested to proceed with
the matter. However, having heard Mr. Kohinoor N.
Bhattacharjee, learned counsel for the respondents, and after
going through the record, the present order is passed as
under.
2. It is the case of the petitioner that his younger
sister who was a Graduate Teacher serving under the
Education Department has been missing for the last 20(twenty)
years. According to the petitioner, said missing lady i.e. T.N.
Martha Darlong has been abducted by the extremist, and her
whereabouts are not known. Since it is a prolonged period, the
petitioner reasonably presumes that the abducted lady i.e.,
T.N. Martha Darlong might have died. Accordingly, he is
entitled to all benefits under the scheme for payment of
compensation under the extremist violence scheme and also
providing service benefits to her near and dear as per the
procedure.
3. Accordingly, legal notice has also been issued on
behalf of the petitioner to the Superintendent of Police, Dhalai.
Way back in the year 2018, the respondents specifically replied
to the petitioner to approach the competent Court of law and
to file a suit for declaration of death certificate of the said
abducted lady and on strength of the same, to proceed with
the claim of further compensation.
4. During the course of the argument, Mr. Kohinoor
N. Bhattacharjee, learned counsel appearing for the
respondents upon instruction submits that the said abducted
girl has joined the extremist group in Bangladesh and she is
settled there by marrying one of her associates in the
extremist group.
5. In view of the disputed question of facts with
regard to the survival of the said lady and whether the
petitioner has any legally enforceable right upon the benefit of
the lady who has been abducted, it is not for this Court to
enter into the same under Article 226 of the Constitution of
India. Accordingly, this instant writ petition is disposed of
giving liberty to the petitioner to avail remedies under the law.
6. As a sequel, pending application(s), if any, also
stands closed.
CHIEF JUSTICE (ACTING)
suhanjit
