Smt. Khela Dey (Bhowmik) vs The State Of Tripura And Others
2024 Latest Caselaw 85 Tri

Tripura High Court

Smt. Khela Dey (Bhowmik) vs The State Of Tripura And Others on 25 January, 2024

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                      HIGH COURT OF TRIPURA
                        _A_G_A_R_T_A_L_A_
                            CRP No.65 of 2023
Smt. Khela Dey (Bhowmik)
                                                      ...... Petitioner(s)
                             VERSUS

The State of Tripura and others
                                                      ......Respondent(s)

For Petitioner(s)         : Mr. K.K. Pal, Advocate.
For Respondent(s)         : Mr. Dipankar Sharma, Addl. G.A.

HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH =O=R=D=E=R= 25.01.2024

Heard Mr. K.K. Pal, learned counsel appearing for the petitioner

and also heard Mr. Dipankar Sharma, learned Additional Government

Advocate appearing for the State.

The reference made at the instance of the petitioner by the

Collector under Section 18 of the Land Acquisition Act, 1894 (LA Act, 1984,

for short) bearing Misc (LA) 280 of 2016 was disposed of by the learned L.A.

Judge, Court No.2, West Tripura, Agartala on 04.01.2021 taking note of the

fact that the proceeding was pending for 5(five) years where the referring

claimant had not even filed her claim statement. The petition for restoration of

the reference case by the petitioner was dismissed by the impugned order

dated 19.09.2023 by the learned LA Judge, Court No.2, West Tripura,

Agartala in Case No. CM (Condo) 55 of 2022 as the delay of 295 days could

not be properly explained even excluding the period of extension of limitation

between 15.03.2020 to 28.02.2022 as per the order of the Apex Court in Suo

Moto Writ Petition No.03 of 2020.

Learned counsel for the petitioner has submitted that there was

adequate explanation for the delay as she was suffering from post operative

complications. It is further submitted that in view of the decision rendered by

the Apex Court in case of Khazan Singh (Dead) by Lrs. versus Union of

India, reported in (2002) 2 SCC 242, the reference made under Section 18 of

the LA Act, 1894 is to be determined by the Land Acquisition Court. Non

participation of any party would not confer jurisdiction on the court to dismiss

the reference for default. Determination of the reference would in such

circumstances be at best to the detriment of the party concerned.

In view of the judgment rendered by the Apex Court in case of

Khazan Singh (supra), the matter is remitted to the LA Court for fresh

consideration, in accordance with law. The impugned order dated 19.09.2023

passed by the learned Land Acquisition Judge, West Tripura, Agartala in Case

No. CM (Condo) 55 of 2022 is set aside.

Civil Revision Petition is disposed of. Pending application(s), if

any, also stands disposed of.

                                            (APARESH KUMAR SINGH), CJ




DIPESH DEB         Digitally signed by DIPESH DEB
                   Date: 2024.01.30 14:21:48 +05'30'