Tripura High Court
I) Smt. Anjali Choudhury (Wife) vs In-Charge on 6 August, 2024
Page 1 of 4
HIGH COURT OF TRIPURA
AGARTALA
L.A. App. No.79 of 2023
1. I) Smt. Anjali Choudhury (Wife),
II) Shri Sajit Kumar Choudhury (Son),
III) Smti. Suchitra Choudhury (Roy) (Daughter),
IV) Smti. Bichitra Choudhury (Roy) (Daughter),
V) Smt. Swapna Choudhury (Das) (Daughter),
VI) Smt. Sikha Choudhury (Roy) (Daughter).
All are resident of:
Vill & PO: Khedabari, P.S. Sonamura,
Dist : Sepahijala, Tripura.
All are the Legal heirs of Late Kamini Mohan Choudhury,
(Date of death : 21.12.2011)
2. (I) Shri Anup Kr. Choudhury (Son),
(II) Smt. Shilpi Choudhury (Debbarma) (Daughter),
(III) Smt. Aparna Choudhury (Laskar) (Daughter),
All are the Legal heirs of Late Nripendra Ch. Choudhury
(Date of death: 31.03.2013)
All are resident of:
Vill & PO : Khedabari, P.S. Sonamura,
Dist; Sepahijala, Tripura.
......Appellant(s)
Versus
1. In-Charge, HR-IR, ONGC Ltd.,
Tripura Assets, Badharghat,
PS: Amtali, Dist: West Tripura, Pin-799014.
2. The Land Acquisition Collector,
Government of Tripura,
Sepahijala District, Bishramganj, Tripura.
......Respondent(s)
For Appellant(s) : Mr. P. K. Pal, Adv.
: Ms. M. Majumder, Adv.
For Respondent(s) : Mr. P. Gautam, Adv.
Date of hearing and
delivery of Judgment
& Order : 06.08.2024.
Whether fit for reporting : No
Page 2 of 4
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
JUDGMENT & ORDER (ORAL)
Heard Mr. P. K. Pal, learned counsel appearing for the
appellants as well as Mr. P. Gautam, learned counsel appearing for both
requiring department and L.A. Collector.
[2] The order under challenge in this appeal is order dated
16.12.2019 by which Ld. L.A. Judge affirmed the award passed by the
L.A. Collector on the ground that on that day the witness of the claimants
failed to appear before the court to face cross-examination.
[3] Mr. Pal, learned counsel submits that on 16.12.2019 case
was fixed for examination of claimants witnesses and on that day due to
illness, learned counsel could not appear before the Ld. L.A. Judge
though examination-in-chief on affidavit of one witness was submitted
earlier in due time. Mr. Pal, learned counsel, therefore, earnestly prays
for giving a scope to the claimants to adduce their evidence for fair ends
of justice.
[4] Mr. Gautam, learned counsel, however, strongly opposes the
prayer on the ground that the claimants cannot take advantage of their
negligence exhibited before the court of Ld. L.A. Judge, Sepahijala
District, Sonamura and they were all along indifferent in prosecuting
their own cause.
[5] Considered rival submission and also perused the record.
[6] It appears that issues in this case were framed by Ld. L.A.
Judge on 23.09.2019 fixing the next date on 30.10.2019 for evidence by
the claimants' side. On that day Examination-in-Chief of one witness
from the claimants' side was submitted without any laches. Accordingly,
next date was fixed on 12.11.2019 for cross-examination of said
claimants, but on that day the Presiding Officer himself was on leave and
there was also strike called by some political parties. Therefore, it can be
well presumed that even if the witness of the claimants would appear on
that day, he could not have been examined or cross-examined. Anyway,
next date was again fixed on 16.12.2019 and on that day adjournment
was sought for from the side of claimants on the ground of illness of
learned counsel. But Ld. L.A. Judge turned down the said prayer and
affirmed the award passed by the L.A. Collector by disposing the case.
[7] In the above said backdrop, it is clear that practically only
one chance was given to the claimants to produce their witness to face
cross-examination and on that very date itself the case was disposed of.
In such a situation, it appears to the Court that another chance should be
given to the claimants to produce their witness before the court of the
L.A. Judge for fair ends of justice.
[8] Accordingly the order dated 16.12.2019 is hereby set aside.
However, this Court is also conscious of the fact that it is an old pending
case and a significant time was consumed in serving of notice upon the
parties and also for submission of pleadings by the parties. Anyway case
is remanded back to the court of Ld. L.A., Judge, Sepahijala District,
Sonamura to rehear the case again from the stage of examination of
claimants' witness whose affidavit was submitted earlier. The parties will
appear before the court of Ld. L.A. Judge, Sepahijala District, Sonamura
on 05.09.2024. The claimants will also produce their witness on that
day before the court of Ld. L.A. Judge. Unless there is any extreme
urgency, Ld. L.A. Judge will not give any adjournment to the claimants
for production of their witness on any other day. The L.A. Judge will also
take all the endeavors to complete the trial of the case within 4(four)
months from the date of receipt of the record.
With this observation the present appeal is disposed of.
Return the LCRs with a copy of this Judgment & Order.
Pending application(s), if any, shall also stand disposed of.
JUDGE
SATABDI DUTTA DUTTA
Date: 2024.08.08 10:39:58 +05'30'
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