The State Of Tripura And 3 Others vs Sri Ajit Sarkar And 6 Others
2023 Latest Caselaw 460 Tri

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                      HIGH COURT OF TRIPURA
                            AGARTALA
                             IA No.1 of 2023
                       in W.P.(C) 750 of 2021(D/O)

The State of Tripura and 3 others
                                                         .........Applicant(s).
                                VERSUS
Sri Ajit Sarkar and 6 others
                                                        .........Respondent(s).

For Applicant(s)                : Mr. D. Bhattacharya, G.A.
                                  Mr. S. Saha, Advocate.
For Respondent(s)               : Mr. P. Roy Barman, Sr. Advocate.
                                  Mr. Samarjit Bhattacharjee, Advocate.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON'BLE MR. JUSTICE T. AMARNATH GOUD

Order 29/05/2023

Heard learned counsel for the parties.

Interlocutory application no.1 of 2023 has been preferred in W.P.(C)

750 of 2021 seeking extension of time for compliance of the directions

passed by the Writ Court. The W.P.(C) 750 of 2021 was disposed of on 18th

January, 2023 with a direction upon the respondents to reconsider the matter

and pass a speaking order afresh in the light of the Division Bench judgment

passed by this Court in earlier round of litigation and remove the anomalies

in this context. The exercise was to be completed within a period of three

months from the date of receipt of copy of the order.

However, Mr. D. Bhattacharya, learned G.A. appearing for the

applicants-State, submits that because of the Assembly Elections which took

place in February, 2023 and the model of code of conduct in application and

also for the reason that TCS Rules 1967 have to be revisited, the compliance

could not be made within the stipulated period. As such, applicant-State has

prayed for extension of time for further three months to comply the order.

Mr. P. Roy Barman, learned senior counsel assisted by Mr. Samarjit

Bhattacharjee, learned counsel appearing for the respondents-writ

petitioners, has submitted that the prayer for extension has been made after

the expiry of the stipulated period.

However, on consideration of the rival submissions of the parties and

in view of the conspicuous facts relating to General Assembly Elections in

the State of Tripura when model code of conduct was enforced on 21st

January, 2023 and remained in force till the elections were over in the

second week of March, 2023 we are inclined to accede to the prayer for

extension of time to comply the order under offence. As such, three months'

more time is allowed from today to comply the order.

IA is accordingly disposed of.

(T. AMARNATH GOUD), J (APARESH KUMAR SINGH), CJ

Sabyasachi G.