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2025 DAILYLAW 1537 (TRI)

Indrajit Hazari v. The State of Tripura and 4 Ors.

WP(C)/832/2024 · 2025-01-09

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

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HIGH COURT OF TRIPURA AGARTALA WP(C) No. 832 of 2024 Sri Indrajit Hazari ………Petitioner(s) Versus The State of Tripura & Ors. ……..Respondent(s) For Petitioner(s) : Mr. D. Paul, Advocate. Mr. K. Chakraborty, Advocate. For Respondent(s) : Mr. M. Debbarma, Addl. GA.. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER 09.01.2025 Heard learned counsel appearing for the parties. [2] This petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- “i) Issue Rule, calling upon the Respondents and each one of them, to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued, directing them, to transmit the records, lying with them, for rendering substantive and conscionable justice to the Petitioner; (ii) Issue Rule, calling upon the Respondents and each one of them, to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued, mandating/directing them, more particularly, the Respondent No.3 herein, i.e., the Sub- Divisional Magistrate, Belonia Sub-Division, South Tripura) to dispose of the Appeal dated 07.09.2024 (Annexure-7 supra), as preferred by the Petitioner, under Section 93(1)(a) of the Tripura Land Revenue & Land Reforms Act, 1960, assailing the Order dated 16.08.2024 (Annexure-5 supra), passed by the Deputy Collector & Magistrate, Belonia, South Tripura, Agartala, in connection with the Application dated 15.05.2024 (Annexure- 4supra), filed by the Petitioner, for cancellation of mutation, granted in favour of the Private Respondent; (iii) Call for the records, appertaining to this Writ Petition; (iv) After hearing the parties, be pleased to make the Rule absolute in terms of (i) & (ii) above; (v) Costs of and incidental to this proceeding (vi) Any other Relief(s) as to this Hon'ble High Court may deem fit and proper;” [3] On perusal of the record, it is seen that a legal notice dated 22.11.2024 addressed to the Sub-Divisional Magistrate, Belonia Sub-Division was issued by the engaged counsel of the petitioner for disposal of the appeal dated, 07.09.2024 preferred by the petitioner against the order dated 16.08.2024 passed by the Deputy Collector & Magistrate, Belonia, South Tripura, but, the same has not been decided by the concerned respondent till date. [4] In view of the above, without expressing any opinion on the merits of the case, this present writ petition stands disposed of with a direction to respondent No.3 to decide the case of the petitioner in light of the legal notice dated 22.11.2024 as expeditiously as possible preferably within a period of 01(One) month 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 Sabyasachi G. SABYASACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.01.10 12:18:40 +05'30'