Sri Manindra Noatia alias Tripura v. The State of Tripura and 2 Ors.
WP(C)/830/2024 · 2025-01-09
T Amarnath Goud
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 1499 (TRI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1499 (TRI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF TRIPURA AGARTALA
WP(C) No. 830 of 2024
Shri Manindra Noatia @ Tripura
………Petitioner(s)
Versus State of Tripura & Ors. ……..Respondent(s)
For Petitioner(s)
: Mr. D. Paul, Advocate vice
Mr.Koushik Datta, Advocate. For Respondent(s) :
Mr. M. Debbarma, Addl. GA. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER 09.01.2025
Heard. [2]
It is the case of the petitioner that the petitioner is an original allottee having tree registration certificate issued to him in the year 2016. The Petitioner applied for obtaining permission for extraction of 30 nos. Trees on 05.09.2019 vide receipt no. 1228. No timber extraction permit was obtained and for which the petitioner submitted a representation dated 25.04.2024 but, no effective order/permission was made by the Respondents in this regard. Thereafter, the petitioner filed a writ petition for redressal of their grievance. Accordingly, this Court directed the Respondents to consider the representation submitted by the Petitioner. But the Respondents again regretted the representation of the Petitioner. The respondents by a communication dated 24.09.2024 declined to accede his request and further observed that
“Thereafter, you are requested to submit the fresh application for issue of new
TRC as per rule”. Since, the petitioner was not allowed to extract the trees, he approached this Court by way of this writ petition. [3]
Mr. M. Debbarma, learned Addl. GA appearing for the respondent-State upon instructions submits that since the application is made beyond 7 years from the date of issuance of Tree Registration Certificate (TRC) the same was rejected. However, as per the rules, if a fresh application is made again, the same would be considered and permission for extraction would be granted. He supported the case of the petitioner for extracting the trees. [4]
In all fairness, Mr. Debbarma, learned Addl. G.A. has submitted before this Court that if a fresh application is made as asked by the respondents through their communication dated 24.09.2024, the same would be considered for extraction/cutting of the trees as desired by the petitioner. Accordingly, there shall be a direction to the petitioner to make a fresh application within 15(fifteen) days from today, if so advised, and on receipt of said application, the respondents shall consider the same within 02(two) months thereafter in accordance with law and pass appropriate orders for extraction of the trees in the light of the submissions made by the learned Addl. GA.
In view of the above observation and directions, the writ petition is accordingly disposed of. As a sequel, miscellaneous application(s), pending if any, shall stand closed. JUDGE
Sabyasachi G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.01.10 12:25:24 +05'30'