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2025 DAILYLAW 1034 (TRI)

Sri Phani Bhusan Majumder v. The State of Tripura and 4 others

WP(C)/357/2025 · 2025-07-10

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) No. 357 of 2025 Sri Phani Bhusan Majumder ………Petitioner(s) Versus The State of Tripura & Ors. ……..Respondent(s) For Petitioner(s) : Mr. P. Roy Barman, Sr. Advocate. Ms. S. Debbarman, Advocate. Ms. A. Debbarma, Advocate. For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A. HON’BLE JUSTICE DR. T. AMARNATH GOUD ORDER 10.07.2025 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/direction of like nature shall not be issued whereby directing the Respondents to release the award of compensation for structures and trees over the acquired land in favour of the Petitioner. (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 to refer the matter to an arbitrator for determining the actual value of the acquired land and structures thereon. (iii) Make the rules absolute. (iv) Call for records. (v) Pass any further order/orders as this Hon'ble High Court considered fit and proper.” [3] It is seen from the record that a communication dated 15.05.2025 has been issued by the Dy. General Manager (P), NHIDCL addressed to the Competent Authority for Land Acquisition (CALA), (ADM & Collector), Belonia, South Tripura regarding the alleged missing structures whether the structures are existed prior to the publication of notification and if so, a certificate may kindly be issued in this regard but the same is pending with them for necessary action. [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 of Land Acquisition Department, South Tripura, Belonia, to decide the matter of the petitioner in light of the communication dated 15.05.2025 as expeditiously as possible preferably within a period of 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 SABYASA CHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.07.14 18:21:42 +05'30'