Sonamura Nagar Samajik Sangstha v. The State of Tripura and Ors.
WA/33/2025 · 2025-04-29
S Datta Purkayastha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 679 (TRI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 679 (TRI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_
WA No.33 of 2025
Sonamura Nagar Samajik Sangstha ...... Appellant(s) V E R S U S
State of Tripura and others
..…. Respondent(s)
For Appellant(s) : Mr. Somik Deb, Sr. Advocate,
Mr. Pannalal Debbarma, Advocate.
For Respondent(s) : Mr. S.M. Chakraborty, Advocate General,
Ms. Pinki Chakraborty, Advocate.
HON’BLE THE CHIEF JUSTICE MR. APARESH KUMAR SINGH HON’BLE MR. JUSTICE S.D PURKAYASTHA =O=R=D=E=R= 29/04/2025
The lease agreement between the respondent No.3 and the petitioner for the period 01.05.2021 till 30.04.2023 (Annexure-2) has not been renewed though petitioner contends that rent has been continuously paid to the Nagar Panchayat. Petitioner approached the Writ Court against the eviction notice dated 06.02.2025(Annexure-4) and for restraining the respondents in the meantime from acting in furtherance thereof. The learned Writ Court dismissed the writ petition holding that the dispute is purely contractual between a lessor and a lessee. Therefore, no direction can be issued under Article 226 of the Constitution of India. The learned Writ Court observed that if the petitioner is aggrieved by the eviction notice, he may seek appropriate remedy before the Civil Court, if so advised.
However, Mr. Somik Deb, learned senior counsel for the petitioner, after some argument seeks permission to withdraw the instant appeal in order to approach the competent court of civil jurisdiction in
respect of the instant grievances. He submits that the petitioner has not been evicted till date. Therefore, he may be allowed to approach the Civil Court within a period of 2(two) weeks within which time the respondents may not evict the petitioner.
Mr. S.M. Chakraborty, learned Advocate General appears for the respondent-State and submits on instructions that the possession of the room in question has been taken by the Nagar Panchayat.
Be that as it may, as prayed for by the learned senior counsel for the appellant, the instant appeal is dismissed as withdrawn. Petitioner may approach the competent court of civil jurisdiction within a period of 2(two) weeks from today.
In that view, status quo as of today be maintained between the parties for a period of two weeks from today. However, status quo shall stand vacated on expiry of 2(two) weeks from today.
(S.D PURKAYASTHA) J (APARESH KUMAR SINGH) CJ
DIPESH DEB Digitally signed by DIPESH DEB Date: 2025.04.30 18:42:51 +05'30'