Smt. Anjana Das Choudhury vs The Deputy Chief Engineer ...
2025 Latest Caselaw 1138 Tri

Tripura High Court

Smt. Anjana Das Choudhury vs The Deputy Chief Engineer ... on 15 September, 2025

Author: T. Amarnath Goud

Bench: T. Amarnath Goud

                       HIGH COURT OF TRIPURA
                             AGARTALA

               IA No.4 of 2025 in LA App.35 of 2022

Smt. Anjana Das Choudhury
                                                              ...........Applicant(s)

                                    Versus

The Deputy Chief Engineer (Construcction-2) and another
                                                 ........... Respondent(s)

For Applicant(s) : Mr. Nepal Majumder, Advocate

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

HON'BLE JUSTICE DR. T. AMARNATH GOUD

15.09.2025

Order

Heard learned counsel for the respective parties.

When the case is called, Mr. N. Majumder, learned counsel

for the applicant placed before this Court an order of the Hon'ble Apex

Court dated 18th February, 2025 passed in Civil Appeal No(s) 3163 of

2025 (Arising out of SLP (C) No. 9302/2024) with Civil Appeal No(s)

3164-3166 of 2025 (Arising out of SLP (C) Nos. 9307-9309/2024), the

relevant contents of the said judgment are quoted as under:

"...........3. On perusal of the impugned judgments, we find that

the High Court did not exercise the power conferred under

Section 54 of the Land Acquisition Act, 1894 read with Section 96

of the Code of Civil Procedure, 1908 [hereinafter referred to as

"the Code"] as the issues of fact and law have not been

considered independently. In deciding the appeal under the

aforementioned provisions, the High Court is the final Court of

fact and law. Unfortunately, on perusal of the impugned

judgments, we find that the High Court has merely reproduced

the views expressed by the Reference Court verbatim. It also did

not take into consideration the applications filed by the

appellants under Order XLI Rule 27 of the Code, seeking

permission to file additional evidence.

4. Taking into consideration the aforesaid facts, the impugned

judgments passed by the High Court are stands set aside and the

matter(s) remanded to the High Court for fresh

consideration......."

It appears from the aforesaid order of the Hon'ble Apex Court that

the order of this Court passed in appeal is set aside with a direction to

consider the applications filed under Order XLI Rule 27 of the CPC.

It is noticed from the record that the LA Appeal being LA App. No.

35 of 2022 was disposed of by this Court on 26th April 2023. On the

same date there was no IA filed under Order XLI Rule 27 of the Code of

Civil Procedure (CPC for short).

On verification, it is seen that an IA Application being IA No.4 of

2025 in LA App.35 of 2022 under Order XLI Rule 27 CPC was filed on

26.08.2025. There was no opportunity for this Court to consider the

same in its judgment dated 26th April 2023 in LA Appeal. It is to be

looked into whether the appellant(s), applicant(s) herein, have placed

correct facts before the Hon'ble Apex Court.

To examine this, both the parties are directed to place chronology

of dates and events and also to place on record all the related

documents/pleadings before the lower Court, High Court and Hon'ble

Apex Court in the form of paper book with the Registry supplying copies

of the same to the respondent(s).

List the matter on 03.11.2025 as part-heard.

JUDGE

Sabyasachi G.

SABYASACHI GHOSH GHOSH Date: 2025.09.19 15:14:41 +05'30'