Smti Parul Bala Nama Das and 2 Others v. The State of Tripura and Another
WP(C)/429/2025 · 2025-08-01
T Amarnath Goud
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1133 (TRI) · dailylaw.ai ]
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[ 2025 DAILYLAW 1133 (TRI) · dailylaw.ai ]
Judgment text
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HIGH COURT OF TRIPURA AGARTALA
WP(C) 429 of 2025
Smt. Parul Bala Nama Das and others ………Petitioner(s) Versus State of Tripura and another ………Respondent(s)
For Petitioner(s)
: Mr. Kajal Chandra Deb, Advocate
Ms. Ruma Majumder, Advocate
Mr. Bibek Banerjee, Advocate
For Respondent(s)
: Mr. Kohinoor N. Bhattacharya, G.A.
Mr. K. De, Addl. G.A.
HON’BLE JUSTICE DR. T. AMARNATH GOUD
O R D E R 01.08.2025
[1]
Heard Mr. K. C. Deb, learned counsel appearing for the petitioners. Also heard Mr. K. De, learned Addl. G.A. appearing on behalf of the State. [2]
The present petition is filed under Article 226 of the Constitution of India seeking the following reliefs:
“(i) Admit the petition of the Petitioners: (ii) Call for records from the custody of the Respondents; (iii) Issue Writ in the nature of Mandamus directing the Respondents to disburse the compensation award in connection with L.A. Case No. 16/SDR/2023 award No. 13/NH/WBP/SDR/2023 to all the legal hires in equal shares forthwith (iv) Till disposal of the instant writ petition, the disbursement of the awarded amount in pursuant to L.A. Case No. 16/SDR/2023 award No. 13/NH/WBP/SDR/2023 be stayed or (v) Pass such further order or orders, direction or directions as the Hon'ble Court may deem fit and proper having regards to the circumstances of the case; ………..…………..”
[3]
It is seen from record that the petitioner namely, Smt. Parul Bala Nama Das, wife of late Khagendra Das made a representation on 5th August, 2024 to the DM & Collector, (Competent authority for NH), (L.A. Section), West Tripura District, Agartala with a prayer for making awarded amount in equal share among
the legal heirs of late Khagendra Das @ Khagendra Nama Das. In support of the claim of the petitioner, as reflected in the said representation, copies of the following documents were enclosed i.e. 1. Copy of the sale deed No.I-1117 dated 28.02.1995,
2. Death certificate of late Khagendra Das & 3. Survival Certificate No. SURC/2023/02141 dated 05.06.2023. It is mentioned in the said representation that the official authorities assessed the value of the land, the building constructed on it and other dwelling houses including the valuable trees on it and thereafter notice was issued for awarding the value of the land in the name of former owner, instead of the legal heirs of late Khagendra Das.
It is contended by the learned counsel on behalf of the petitioners that the concerned authority, till date, has not considered the aforesaid representation dated 5th August, 2024. [4]
In view of the above, without going into the merits of the case, this Court directs the respondent- DM & Collector, (Competent authority for NH), (L.A. Section), West Tripura District, Agartala to examine the case of the petitioners in the light of the aforesaid representation dated 5th August, 2024 and on verification of all the related documents more particularly, title-deeds, appropriate order be passed by the concerned authority in accordance with law within three months from the date of receipt of the copy of this order. The petitioners are also directed to cooperate with the respondent-DM & Collector as and when required, providing all the relevant documents in support of their claim. [5]
With the above observations and directions, the present writ petition is disposed of. As a sequel, miscellaneous application(s) pending, if any, shall also stand closed. Dr. T. Amarnath Goud, J.
Sabyasachi. G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.08.04 16:17:19 +05'30'