Sri Habil Miah And Ors vs The Union Of India And Ors
2024 Latest Caselaw 1761 Tri

Tripura High Court

Sri Habil Miah And Ors vs The Union Of India And Ors on 8 November, 2024

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                                  Page 1 of 3




                     HIGH COURT OF TRIPURA
                           AGARTALA
                      WP(C) NO.181 OF 2024

Sri Habil Miah and ors.
                                                  -----Petitioner(s)

                                   Versus

The Union of India and ors.
                                                  -----Respondent(s)

For the Petitioner(s) : Mr. A. De, Advocate.

For the Respondent(s) : Mr. B. Majumder, Deputy SGI.

Mr. R.G. Chakraborty, Advocate.

  Date of hearing and delivery of
  Judgment & Order              : 08/11/2024.

  Whether fit for reporting       : No..


                        BEFORE

HON'BLE MR. JUSTICE T. AMARNATH GOUD

J U D G M E N T & O R D E R(ORAL)

Today, the matter is listed for final hearing,

and when the case is called, there is no representation on

behalf of the petitionerS. Mr. B. Majumder, learned Deputy

SGI, appears for the Union-respondent, and Mr. R.G.

Chakraborty, learned counsel, appears for the State-

respondents.

2. It is the case of the petitioner that way back

in 1999, land was acquired for the Indo-Bangla Border fencing,

and proper compensation, to the satisfaction of the

petitioner(s), was not paid. Thereafter, in 2023, the petitioners

filed an application before the respondents dated 10.07.2023

through registered post, praying for proper compensation.

Since no action has been initiated, the present writ petition is

filed.

3. This matter was earlier listed on 22.04.2024, and

when the case was called, Mr. A. De, learned counsel for the

petitioners, was absent, though respondent-counsels were

present.

4. It is the case of the respondents that this is purely

chance litigation. Way back in 1995, the acquisition

proceedings were initiated, and thereafter, in pursuance of the

order passed by this Court in WP(C) No.148 of 2021 and batch

of other writ petitions, the respondents complied with the

Court's order. The father of the petitioners herein, Saphik

Mian, S/o Lt. Anu Miah, had filed WP(C) No.150 of 2021.

Accordingly, payment was made. A copy of the said settlement

is filed along with the counter affidavit of the respondents,

annexed as Annexure-C (Page No. 68 of the writ petition).

5. In view of the said submission, since the affidavit

does not indicate any particulars regarding the property or the

acquisition proceedings, and since no document is filed, no

title deed or any document relating to the claim is placed on

record, this Court draws an adverse inference against the

claimant-petitioners. Accordingly, the present writ petition

stands dismissed.

6. As a sequel, any stay, if in place, stands

vacated. Pending application(s), if any, also stand closed.

                                                                       JUDGE



   suhanjit

RAJKUMAR      Digitally signed by
              RAJKUMAR SUHANJIT
SUHANJIT      SINGHA
              Date: 2024.11.08 12:39:26
SINGHA        +05'30'