Unknown vs High Court Of Tripura
2024 Latest Caselaw 1760 Tri

Tripura High Court

Unknown vs High Court Of Tripura on 7 November, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

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                            HIGH COURT OF TRIPURA
                              _A_G_A_R_T_A_L_A_
                    I.A. No. 01 of 2024 in Review Pet. No.27 of 2024
For Applicant(s)        :    Mr. M. Debbarma, Addl. G.A.
For Respondent(s)       :    Mr. N. Majumder, Advocate.

HON'BLE MR. JUSTICE T. AMARNATH GOUD _O_ R_ D_ E_ R_ 07.11.2024 Heard.

This is an application filed under Section-5 of the Limitation Act for condoning the delay of 13 days.

During the course of argument advanced by the learned Addl. G.A. and also Mr. P. Roy Barman, learned senior counsel appearing for the writ petitioner, this Court finds that there is no reason given in the affidavit by the deponent explaining the delay of 13 days for condoning the same. Considering the submissions made by the learned Addl. G.A. on the point of reviewing the matter where the attention has been drawn at paragraphs 16 and 17 of the judgment and prayed to condone the same.

When this Court asked the learned Addl. G.A. to point out from the counter affidavit as to where the deponent has denied the averments made indicating that the petitioner's name was removed by way of proceeding initiated in the year 1999 and further, on perusal of the counter affidavit filed in support of the writ petition, the said averments was remain un-answered by the learned Addl. G.A. Insofar as the contentions made in para-16 with regard to the entries in the service record is also considered, the said denial is found unplaced in the counter affidavit.

Since the above contentions are crucial and the same stood unanswered in the counter affidavit, the learned Addl. G.A. had no occasion to advance his argument and thus, invited the said order which is now the subject matter of review in pursuance of the directions made in the writ petition No.609 of 2023. This entire exercise for filing this review involving the office of the Government Advocate, High Court Registry and the Hon'ble Courts is but for the inaction of the deponent who sworn the counter affidavit in the writ petition for not bringing the correct facts on record and thus, this Court feels that not to repeat such counter affidavit this Court finds that imposing of costs would be checked.

For the reasons stated above, this Court feels that the application for condoning the delay be allowed by paying costs of Rs.20,000/- i.e. Rs.10,000 in

favour of the High Court Bar Association and Rs.10,000/- in favour of the writ petitioner. The amount shall be paid personally by the deponent from his salary, namely, Prasantanath Choudhuri, Under Secretary, R.D. (Panchayat) Deptt., Govt. of Tripura on or before 25th November, 2024 and file proof of payment with this Registry.

With the above observations and directions, the present interlocutory application stands allowed and disposed of.

T. AMARNATH GOUD, J

A. Ghosh