The Oil And Natural Gas ... vs Sri Nirmal Ghosh
2023 Latest Caselaw 93 Tri

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                     HIGH COURT OF TRIPURA
                       _A_G_A_R_T_A_L_A_
                             CRP No.96 of 2022
The Oil and Natural Gas Corporation Limited and others
                                                  ......Petitioner(s)

                               VERSUS

Sri Nirmal Ghosh
                                                     ...... Respondent(s)

For Petitioner(s) : Mr. Ranjit Dasgupta, Advocate.

For Respondent(s)        :      None.

             HON'BLE THE CHIEF JUSTICE (ACTING)
                             _O_R_D_E_R_

19.01.2023

Heard Mr. Ranjit Dasgupta, learned counsel appearing for the

petitioners. None appears for the counsel for the respondent.

The present petition has been filed by the petitioners for

setting aside the order dated 15.09.2022 passed in Civil Misc.(Condo)

No.02 of 2022 arising out of Civil Misc.(PMP) No.68 of 2014 whereby the

learned Additional District Judge, Bishalgarh, Sepahijala District allowed

the condonation application under Section 5 of the Limitation Act.

The respondent initially filed an application under Section 10

of the Petroleum and Minerals Pipelines (Acquisition etc.) Act, 1962 for

compensation before the learned District Judge, West Tripura which was

registered as Civil Misc (PMP) No.68 of 2014 and subsequently it was

transferred before the court of Addl. District Judge, Bishalgarh, Sepahijala

District and after hearing the learned counsel for the respective parties, the

learned Judge passed the judgment which was challenged by the ONGC

before the learned Single Judge of this Court dated 16.04.2021 by filing

CRP No.02 of 2021. The learned Single Judge of this Court, after hearing

learned counsel for the respective parties, remitted the matter to the court of

the Additional District Judge giving liberty to the respondents-land owners

to file appropriate application for condonation of delay. After receiving the

notice from the learned court below, the respondents appeared and filed

their written objection against the condonation petition. Subsequently, after

hearing the learned counsel for the respective parties, the learned Judge

allowed the condonation petition filed by the respondent-petitioner. Hence,

this petition.

Mr. Ranjit Dasgupta, learned counsel appearing for the

petitioners contends that the learned Additional District Judge has failed to

consider the facts and circumstances of the case and allowed the

condonation application which is illegal and erroneous and is liable to be

set aside. No representation is made on behalf of the respondent.

After hearing learned counsel for the petitioners, this Court is

of the considered view that the learned Additional District Judge did not

commit any error in passing the order. The learned Judge after appreciating

the evidence on record and after hearing counsel for both the parties found

that there was no laches on part of the respondent and found that the delay

was not deliberate and allowed the condonation petition which calls for no

interference.

Accordingly, the instant petition is dismissed and the order

passed by the learned Additional District Judge, Bishalgarh, Sepahijala

District in Civil Misc.(Condo) No.02 of 2022 arising out of Civil

Misc.(PMP) No.68 of 2014 dated 15.09.2022 is confirmed. Pending

application(s), if any, also stands disposed of.

CHIEF JUSTICE (ACTING)

Dipesh