Tripura High Court
The Tripura State Council For Science ... vs Sri Sanjoy Sen & Others on 21 May, 2024
Page 1 of 2
HIGH COURT OF TRIPURA
AGARTALA
IA No.1 of 2024 in WA No.24 of 2024
WA No.24 of 2024
The Tripura State Council for Science and Technology & another
....... Applicant/Appellant(s)
VERSUS
Sri Sanjoy Sen & others
...... Respondent(s)
For Applicant/Appellant (s) : Mr. M. Debbarma, Addl. GA.
For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, GA,
Mr. A. Bhaumik, Advocate,
Mr. S. Dey, Advocate.
HON'BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH
HON'BLE MR. JUSTICE S. D. PURKAYASTHA
_O_R_D_E_R_
21/05/2024
IA No.1 of 2024
Heard Mr. M. Debbarma, learned additional Government Advocate
for the applicants/appellants. Also heard Mr. Kohinoor N. Bhattacharyya,
learned Government Advocate for the respondents-State and Mr. A. Bhaumik,
learned counsel for the writ petitioner.
The appeal suffers from a delay of 167 days for condonation of
which I.A. No.1/2024 has been preferred.
Mr. M. Debbarma, learned additional Government Advocate for the
applicants/appellants submits that the delay is not intentional and it has been
properly explained. After the impugned judgment was delivered on 16.08.2023,
certified copy of the judgment was obtained on 29.08.2023. Thereafter, the
matter was discussed at the appropriate level and the legal opinion was sought
form the Law Department on 08.09.2023. After return of the file from the Law
Department on 13.09.2023 it was routed again through the Joint Member
Secretary, Tripura State Council for Science & Technology to Principal
Secretary, Department of Science & Technology and Environment on 15.09.2023
for engagement of a counsel to conduct the case. An engagement letter was
issued in favour of a counsel who was the then learned Government Advocate.
Thereafter, long Puja Vacation was started. Lastly, a draft memo of appeal was
prepared on 02.02.2024 for examination and vetting from the Law Department.
The matter was, thereafter, placed before the additional Government Advocate
for final drafting on 07.03.2024 and has been filed as such on 19.03.2024. The
appeal has good grounds to succeed. Therefore, the delay may be condoned.
A written objection has been filed by the respondent/writ petitioner
to the delay condonation application.
Mr. A. Bhaumik, learned counsel for the respondent/writ petitioner
submits that the sequence of dates referred to in the delay condonation
application do not explain a huge delay between 16th September, 2023 to
02.02.2024 i.e. 139 days. It's a clear indication that the applicants/appellants
were sitting over the matter. As such, the delay is not unintentional. Therefore, it
may be refused.
However, on consideration of the rival submissions of the parties
and on being satisfied with the explanation urged, we are inclined to condone the
delay in the interest of justice.
Accordingly, the delay is condoned and IA No.1 of 2024 is disposed
of.
Admit.
List the matter for hearing on 02.07.2024.
(S. D. PURKAYASTHA), J (APARESH KUMAR SINGH), CJ
Munna S MUNNA SAHA Digitally signed by MUNNA SAHA
Date: 2024.05.24 17:00:20 +05'30'
