Research › Search › Judgment

High Court of Tripura · body

2025 DAILYLAW 1514 (TRI)

The State of Tripura v. Communist Party of India (Marxist)

WP(C)(PIL)/21/2019 · 2025-07-29

S Datta Purkayastha

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C)(PIL) No.21/2019 1. The State of Tripura, Represented by the Secretary, Revenue Department, Government of Tripura, Agartala, having its office at Capital Complex, New Secretariat Complex, Agartala, West Tripura. Pin-799006. 2. The District Magistrate and Collector, Government of Tripura, South Tripura, Belonia. 3. The Sub Divisional Magistrate, Sabroom Sub-Divisional Office, Sabroom, South Tripura. ……… Petitioner(s). V E R S U S 1. Communist Party of India (Marxist), Sabroom Divisional Committee at Sabroom, P.O.-Sabroom, P.S.-Sabroom, District-South Tripura, Represented by the Secretary, Sabroom Divisional Committee of CPI(M), Sri Dipak Choudhury, S/o. Lt. Debendra Kr. Choudhury, Resident of Village- Brajendra Nagar, P.O. & P.S.-Sabroom, Sub division-Sabroom, District-South Tripura. 2. Bharatiya Janata Party (BJP). 3. Indian National Congress(INC). ………Respondent(s). For Petitioner(s) : Mr. S.M. Chakraborty, Advocate General, Mr. Mangal Debbarma, Addl. G.A. For Respondent(s) : None. HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA Order 29/07/2025 This PIL was originally filed as a Civil Revision Petition by the State challenging an order passed on 30.01.2019 of the Civil Judge (Junior Division), Sabroom, South Tripura in T.S. No.01 of 2018 rejecting an application under Order VII Rule 11 of the CPC. Under the provisions of the CPC, the said order passed by the said Civil Judge (Jr. Division) is revisable under Section 115 of the CPC. Though this Court on 27.09.2019 converted this into a PIL on the pretext that the Court is bound to protect public property occupied allegedly, illegally and unauthorisedly by major National political parties, we are not inclined to continue this PIL for the reason that the State is empowered under various Municipal laws to take action against such encroachers of public property after following due process of law. It is not as if the State Government is a poor litigant without access to legal services and would require the assistance of this Court in exercising its statutory powers to restrain encroachers. Therefore, this PIL is closed. (S. DATTA PURKAYASTHA, J) (M.S. RAMACHANDRA RAO, CJ) Pulak PULAK BANIK Digitally signed by PULAK BANIK Date: 2025.07.30 19:37:51 +05'30'