HIGH COURT OF TRIPURA AGARTALA WP(C) No. 406 of 2025 Sri Dilip Chandra Paul & Anr. ………Petitioner(s) Versus Agartala Municipal Corporation & Anr. ……..Respondent(s) For Petitioner(s) : Mr. A. De, Advocate. For Respondent(s) : Mr. A. Bhaumik, Advocate. HON’BLE JUSTICE DR. T. AMARNATH GOUD ORDER 24.07.2025 [1] Heard Mr. A. Bhaumik, learned counsel appearing for the respondent- Agartala Municipal Corporation. None appears for the petitioner(s). [2] This present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- “i) Admit this petition; ii) Call for records and after hearing the parties; iii) Issue writ and/or order directing the respondent not to implement the notice dated 01.07.2025 (Annexure-4) issued by the respondent No.2 in respect of the demolition of 2nd floor and 3rd floor of the building and also direction be given to the respondents to give an opportunity to the petitioners to submit the approved building plan and other necessary documents within the time bound period as your Lordship deem fit and proper; AND iv) To pass any other order/orders or direction as Your Lordship deem fit and proper having regards to the facts and circumstances of the case.” [3] Mr. A. Bhaumik, learned counsel appearing for the respondent- Agartala Municipal Corporation submits before this Court that the impugned notice dated 01.07.2025 is appealable under sub- section 3 of section 133 of Tripura Municipal Act, 1994 and also represented upon instructions that in pursuance of notice dated 01.07.2025 no adverse orders or adverse action has been initiated against the petitioner’s property. Hence, he prayed before this Court to dismiss the present petition. [4] Since, the matter is appealable and needs to examine the documents (approved building plan and construction permission) that would be placed by the petitioner for appreciation. So, the matter be placed before the Competent Appellate Authority for adjudication. [5] In view of the disputed questions of facts whether the construction is legal or illegal, the matter has to be gone into by the Competent Authority. Accordingly, this Court opines that the petitioner has an effective remedy to approach before the Competent Appellate Authority under the statute . With the above observation and direction, this present writ petition stands dismissed. As a sequel, miscellaneous application(s), pending if any, shall stand closed. JUDGE Paritosh SABYASA CHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.07.29 17:20:20 +05'30'