Tripura High Court
Partha Sarathi Gupta And Another vs The State Of Tripura And Others on 11 August, 2025
Author: T. Amarnath Goud
Bench: T. Amarnath Goud
HIGH COURT OF TRIPURA
AGARTALA
WP(C) 471 of 2023
Partha Sarathi Gupta and another
.......... Petitioner(s)
Versus
The State of Tripura and others
............ Respondent(s)
For the Petitioner(s) : Mr. P. Sharma, Advocate
Mr. Maloy Debnath, Advocate
For the Respondent(s) : Mr. S.M. Chakraborty, Advocate General
Mr. Kohinoor N. Bhattacharya, G.A.
Mr. Sankar Lodh, Advocate
Ms. Pinki Chakraborty, Advocate
Mr. Tanmay Debbarma, Advocate
Ms. Ayantika Chakraborty, Advocate
WP(C) 473 of 2023
Subrata Dey and others
.......... Petitioner(s)
Versus
The State of Tripura and others
.......... Respondent(s)
For the Petitioner(s) : Mr. Bidyut Majumder, Advocate
Mr. Anoop George, Advocate
Mr. Sukanta Sarkar, Advocate
For the Respondent(s) : Mr. S.M. Chakraborty, Advocate General
Mr. Kohinoor N. Bhattacharya, G.A.
Mr. Sankar Lodh, Advocate
Ms. Pinki Chakraborty, Advocate
Mr. Kishalay Roy, Advocate
Date of hearing & delivery
of judgment & order : 11.08.2025
Whether fit for reporting : No
BEFORE
HON'BLE JUSTICE DR. T. AMARNATH GOUD
J U D G M E N T & O R D E R ( ORAL)
[1] When the case is called, Mr. Bidyut Majumder, leanred
counsel appears on behalf of the petitioners in WP(C) 473 of 2023. Mr.
S.M. Chakraborty, learned Advocate General and Mr. Kohinoor N.
Bhattacharya, learned G.A. appears for the State in both the cases i.e.
WP(C) 471 of 2023 & WP(C) 473 of 2023. Mr. Sankar Lodh, learned
counsel is also present for his respective clients (TCA officials) in both
the cases.
[2] The present writ petition being WP(C) 471 of 2023 has
been preferred under Article 226 of the Constitution of India seeking the
following reliefs:
"PRAYER
In the premises aforesaid it is humbly prayed before Your
Lordship that Your Lordship may be so pleased to consider the above
facts and issue RULE NISI calling upon the respondents to show cause as
to why a writ of mandamus appointing Administrator to administer and
manage the day-to-day affairs of Tripura Cricket Association.
AND
(i) As to why a writ of mandamus shall not be issued directing
Respondent No.2 to constitute a Special Investigation Team for
investigating the matter of financial irregularity in procurement of High
Mast L.E.D. Flood Light in M.B.B. Stadium under Tripura Cricket
Association.
AND
(ii) As to why a writ of mandamus shall not be issue directing a fresh
election to be conducted to the TCA and Apex Council of the Tripura
Cricket Association.
AND
(iii) As to why any other orders/writ or writs shall not be issued by
this Hon'ble Court may deem fit and proper in the given facts and
circumstances of the case............"
[3] The instant petition being WP(C) No.473 of 2023 has been
preferred under Article 226 of the Constitution of India seeking the
following reliefs:
"PRAYER
In the premises aforesaid it is humbly prayed before Your
Lordship that Your Lordship may be so pleased to consider the above
facts and issue RULE NISI calling upon the respondents to show cause as
to why a Writ of Certiorari and/or in the nature thereof calling upon the
respondents, to transmit the records, relevant to the subject matter i.e.
documents relating to management of the affairs of Tripura Cricket
Association relating to appointments, all resolutions of Apex Council
relating to the subject of this writ petition, existing Names of
representatives of full members, authorization letters of Full members, all
documents (technical, financial etc) relating to procurement of High Mast
L.E.D. Flood Light in M.B.B. Stadium under Tripura Cricket Association.
of this writ petition, for rendering substantial and conscionable justice to
the petitioner
AND/OR
As to why a writ of mandamus directing the respondents No 3 to
5 to abide by the directions contained in the resolution dated 20/07/2023.
AND/OR
As to writ of certiorari declaring that the composition of Apex
Council is ultra vires to the provision of the Memorandum of Association
Rules & Regulation of Tripura Cricket Association and also the
recommendation of Supreme Court vide its order dated 14/09/2023 in case
No. I.A. 49930/2020 in Civil Appeal 4235/2014.
AND/OR
As to writ of Mandamus directing Respondent No. 2 to
immediately initiate process to constitute a Special Investigating Team to
inquire into the allegation of financial irregularity in the matter of
procurement and installation of high mast flood light at MBB Stadium
under TCA.
AND
Also to direct that concerned persons i.e the Vice President, Hony
General Secretary, Treasurer, Office Secretary etc who are involved in the
decision making process of the above procurement shall cease to perform
any duty in TCA and also refrain from entering in the office of TCA, so
that there is no tempering of evidence or influencing of witnesses by them.
As to why any other orders/writ or writs shall not be issued by
this Hon'ble Court may deem fit and proper in the given facts and
circumstances of the case.
AND/OR
As to why any writ or writs under Article 14 of the Constitution
of India shall not be issued for protection of the constitutional and legal
right of the petitioners against the illegal and arbitrary action of the
respondents No. 3 to 5......."
[4] Since the prayers made in the both the writ petitions i.e.
WP(C) 471 of 2023 and WP(C) 473 of 2023 are almost identical, the
same are clubbed together for disposal by a common order.
Undisputedly, the reliefs sought for with regard to constitution of
Special Investigating Team (SIT, for short) and conducting the
elections, are already complied with. A report of the SIT regarding
completion of investigation is also placed on record. This Court feels
that it would not be appropriate to summon the reports and to examine
the same under Article 226 of the Constitution of India since, the prayer
made is only to constitute SIT and the same has been done and
accordingly, the elections have also been held. Insofar as, any other
disputes amongst the parties are concerned, they have alternative
effective remedies. Further, the disputed questions of facts cannot be
called into under Article 226 of the Constitution of India by way of
these writ petitions.
[5] In view of the above discussions, the present writ petitions
stand dismissed. The personal appearance of the parties concerned, is
hereby dispensed with.
[6] As a sequel, miscellaneous application(s), pending if any,
shall also stand closed
JUDGE
Sabyasachi G.
SABYASACHI Digitally signed by SABYASACHI
GHOSH
GHOSH Date: 2025.08.14 17:08:19 +05'30'
