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2025 DAILYLAW 538 (TRI)

Sonamura Nagar Samajik Sangstha v. The State of Tripura and 3 Others

WP(C)/103/2025 · 2025-02-28

T Amarnath Goud

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF TRIPURA AGARTALA WP(C) NO.103 OF 2025 Sonamura Nagar Samajik Sangstha Vs. The State of Tripura and ors. HON’BLE MR. JUSTICE T. AMARNATH GOUD Present: For the Petitioner(s) : Mr. M. Majumder, Advocate. For the Respondent(s) : Mr. Kohinoor N. Bhattacharjee, G.A. Mr. K. De, Addl. G.A. 28.02.2025 Order Heard Mr. M. Majumder, learned counsel appearing for the petitioner, as well as Mr. K. De, learned Additional Government Advocate, appearing for the respondents. 2. It is the case of the petitioner that the petitioner is a welfare society registered under the Societies Registration Act, 1860. They have been occupying the premises of the Nagar Panchayat since 01.05.2021 by virtue of a lease deed and conducting their operations. Their lease expired on 30.04.2023, and in view of the same, the respondents issued an eviction notice dated 06.02.2025, directing them to vacate the land or hand over possession on or before 14.02.2025. Challenging the said notice, the present writ petition has been filed. 3. Mr. Majumder, learned counsel for the petitioner, prayed for an injunction so that his client is not evicted from the premises. 4. On the other hand, Mr. K. De, learned Addl. G.A., appearing for the State-respondents, submitted that the lease period has expired and that the respondents intend to open a Tripura Urban Livelihood Mission section in the said premises. As such, in accordance with the law, the petitioner must vacate the land in terms of the eviction notice dated 06.02.2025. 5. Heard the parties and perused the evidence on record. 6. This present writ petition does not challenge the validity of the eviction notice, and there is no infringement of any legitimate right of the petitioner under the Constitution of India. This matter is purely a contractual obligation between a ‘lessee’ and a ‘lessor’. As such, this court finds that no direction can be issued under Article 226 of the Constitution of India, as the writ petition itself is not maintainable. If the petitioner is aggrieved by the eviction notice, they may seek appropriate remedies before the Civil Court, if so advised. 7. Accordingly, the present writ petition stands dismissed. Consequently, any stay, if granted, stands vacated. Pending applications, if any, also stand closed. JUDGE suhanjit RAJKUMAR SUHANJIT SINGHA Digitally signed by RAJKUMAR SUHANJIT SINGHA Date: 2025.02.28 13:40:26 +05'30'