Present vs For The
2023 Latest Caselaw 256 Tri

                         HIGH COURT OF TRIPURA
                               AGARTALA
                                  WP(C) 338 OF 2022
Present:
    For the petitioner (s)          : Mr. B.N.Majumder, Sr. Advocate.
                                      Mr. R. Saha, Advocate.

         For the respondent (s)     : Mr. K. De, Addl. G.A.

HON'BLE THE CHIEF JUSTICE (ACTING) HON'BLE MR.JUSTICE ARINDAM LODH 28.03.2023 Order It is the case of the petitioner that the impugned demand notice dated 01.04.2022, issued by the respondents is inexpressive and illegal on the point of violation of doctrine of audi alteram partem. More so, the said demand is unilateral and further contrary to the judgment passed by the Division Bench of this court [Hon'ble the Chief Justice Mr. Indrajit Mahanti and Hon'ble Mr. Justice S.G.Chattopadhyay] in a writ petition bearing WP(C) No.285 of 2022 which has been filed by the Seller of the subject conveyance involved in this writ petition and the petitioner is a purchaser. Since the principles of natural justice is in violation that no show cause notice and opportunity of hearing was given, the said demand notice needs to be set aside.

In defence, Mr. K. De, learned Addl. G.A. seeks a short adjournment for the day for producing the record and also to get instruction whether any such notice is issued before making this demand.

Request is considered.

List the matter tomorrow (29.03.2023).

                 JUDGE                          CHIEF JUSTICE (ACTING)

sanjay