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2025 DAILYLAW 765 (TRI)

Sri Paritosh Sutradhar v. The Land Acquisition Collector and Another

WP(C)/227/2025 · 2025-05-14

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. 227 of 2025 Sri Paritosh Sutradhar ………Petitioner(s) Versus The LA Collector & Anr. ……..Respondent(s) For Petitioner(s) : Mr. D. K. Daschawdhury, Advocate. For Respondent(s) : Mr. B. Majumder, Dy.SGI. HON’BLE MR. JUSTICE T. AMARNATH GOUD ORDER 14.05.2025 Heard learned counsel for the respective parties. [2] This present petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:- “i(1) Admit this petition: (2) Issue notice upon the Respondents; (3) Call for relevant documents from possession of the respondent 1; (4) Issue writ of Certiorari asking the respondent 1 to show cause as to why his decision dated 08.01.2025 passed in case No. 29 of 2020 (LA) under section 28A of the L A Act, 1894 shall not be quashed; (5) Issue writ of mandamus asking the respondent 1 to show cause as to why he shall not re-determine the compensation payable to the petitioners, as awarded in LA Case No. 8/U/2010 by learned respondent 1, on the basis of the award dated 10.08.2016 made by learned Land Acquisition Judge, District Gomati in cases No. Misc. (LA) 162 of 2013; (6) Alternatively, Issue writ of mandamus asking the respondent 1 to show cause as to why he shall not refer the matter to the learned Land Acquisition Judge, District: Gomati, Tripura for re-determination of the compensation payable to the petitioners, as awarded in LA Case No. 8/U/2010 by learned respondent 1, on the basis of the award dated 10.08.2016 made by learned Land Acquisition Judge, District Gomati in cases No. Misc. (LA) 162 of 2013; (7) Issue writ of mandamus asking the respondent 1 to show cause as to why the petitioner shall not be paid all other statutory benefits as provided under sections 23(1A), 23(2) and 28 of the L A Act, 1894 on the excess amount of compensation to be awarded; (8) After hearing the parties Hon’ble High Court be pleased to make the rules absolute in terms of items (4), (5) and (6) above”. [3] It is seen from the record that the petitioner herein aggrieved by an order dated 08.01.2025, approached the L.A. Collector, Gomati District, by a communication dated 07.03.2025 seeking to take a decision for redetermination of sub-section 3 of Section 28 A of the L.A. Act, 1894 but till date the same is pending with the concerned respondent. [4] In view of the same, without expressing any opinion on the merits of the case, the present writ petition is disposed of directing the concerned respondent to decide the matter of the petitioner in light of the communication dated 07.03.2025, as expeditiously as possible 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 Paritosh SABYA SACHI GHOSH Digitally signed by SABYASACHI GHOSH Date: 2025.05.17 17:02:33 +05'30'