Shri Jaharlal Choudhury vs The Deputy Chief ...
2025 Latest Caselaw 1151 Tri

Tripura High Court

Shri Jaharlal Choudhury vs The Deputy Chief ... on 19 September, 2025

                     HIGH COURT OF TRIPURA
                           AGARTALA

                             IA No.2 of 2025
                           In FAO No.3 of 2025

Shri    Jaharlal   Choudhury, S/O: Late Mati Lal Chowdhury,
Resident of AD Nagar, Road No.6, P.O & PS-AD Nagar, District
West Tripura, PIN 799003.
                                                    ....Petitioner(s)
                                   Versus

1.The Deputy Chief Engineer(Construction), N.F.Railway,
Badharghat, Agartala, Pin-799003.

2. The Land Acquisition Collector, West Tripura, Agartala, P.O-
Agartala, P.S.-West Agartala,PIN-799001


                                                  ....Respondent(s)

       For Petitioner(s)       :     Mr. B.N.Majumder, Sr.Advocate.
                                     Mr. Kushal Deb, Advocate.
                                     Mr. Samrat Sarkar, Advocate.

       For Respondent(s)       :     Dy.S.G.I, Mr.B.Majumder.
                                    BEFORE
           HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA

                                     ORDER

19.09.2025

Heard Ld. Counsel of both sides.

Ld. Sr. Counsel Mr. B. N. Majumder assisted by

Mr.Kushal Deb, Advocate submits that earlier this Court

passed an order dated 01.08.2025 in IA No.1 of 2025 in

connection with FAO No. 3 of 2025 staying further proceeding

of Execution(M) No.80 of 2024 pending before the Ld. LA

Judge, Court No.1, West Tripura, Agartala subject to deposit

of 75% of the awarded amount. Now Ld. Sr. Counsel Mr. Majumder referring to order dated 11.08.2025 of the Ld.

Executing Court passed in said Execution case submits that

despite no amount is deposited by the Judgment debtor the

Court has stayed further proceeding of said execution case in

derogation of the order passed by this Court.

Ld. Dy. S.G.I Mr. B. Majumder submits that the

Judgment debtor is already contemplating to deposit the said

amount and matter is under process.

Considered the submission of both sides.

It is clarified that the Execution case shall not be stayed

unless the 75% of the awarded amount is deposited in terms

of order dated 01.08.2025 of this Court passed in IA No.1 of

2025.

The order dated 11.08.2025 is interfered accordingly.

Ld. Executing Court will proceed with the execution petition

unless said amount as ordered is deposited by the Judgment

debtor.

Communicate a copy of this order to the Ld. Executing

Court.

IA is accordingly disposed of.

JUDGE

Saikat Sarma RUDRADEE RUDRADEEP

BANERJEE

P BANERJEE +05'30' Date: 2025.09.19 17:55:48