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2025 DAILYLAW 1007 (TRI)

Md. Khurshed Alam v. The State of Tripura and 4 others

WP(C)/343/2025 · 2025-07-24

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) No. 343 of 2025 Md. Khurshed Alam ………Petitioner(s) Versus The State of Tripura & Ors. ……..Respondent(s) For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate. Ms. S. Debbarman, Advocate. For Respondent(s) : Mr. D. Sarma, Addl. G.A. HON’BLE JUSTICE DR. T. AMARNATH GOUD ORDER 24.07.2025 [1] Heard learned counsel for the respective parties. [2] This present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- “(i) Issue Rule upon the Respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued whereby directing the Respondents to restore the amount of Rs. 6,61,746/- which has been deducted from the award of compensation amounting to rs. 57,92,048/-. (ii) Issue Rule upon the Respondents to show cause as to why writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued directing the Respondents to refer the matter to an Arbitrator for determining the actual value of the acquired land and structures thereon and also for fixing compensation for additional land measuring which has been taken in possession in course of acquiring 0.096 acres belonging to the Petitioner. (iii) Issue Rule upon the Respondents to show cause as to why writ in the nature of Mandamus and/or order/orders and/or direction/ directions of like nature shall not be issued directing the Respondents to release the rest amount of compensation after remitting the said amount of Rs. 6,61,746/- along with interest. (iv) Issue Rule upon the Respondents to show cause as to why writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued to direct the Respondents to pay compensation for taking into possession land measuring 0.032 acres along with 0.096 acres which has been acquired in terms of the National Highway Act, 1956. (v) Make the rules absolute. (vi) Call for records”. [3] After perusal of the record, it has been seen that the petitioner herein has placed on record a copy of the sale deed in support of his claim to say that the petitioner is having his title and thereby, he is entitled for the trees and also the amount which has been deducted from the award. It is also seen that the petitioner herein has submitted a representation dated 05.05.2025 before the Competent Authority for NH ( Addl. DM & Collector) West Tripura, Agartala which is pending consideration. [4] In view of the same, without expressing any opinion on the merits of the case, this present writ petition is disposed of directing the concerned respondent(s) to take a decision in light of the representation dated 05.05.2025 filed by the petitioner within 02(two) months from the date of receipt of the copy of this order in accordance with law. With the above observation and direction, this present writ petition stands disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. JUDGE Paritosh SABYASAC HI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.07.29 17:22:55 +05'30'