Shri Biplab Bikash Ghosh and 3 others v. The State of Tripura and another
WP(C)/312/2025 · 2025-06-16
T Amarnath Goud
Writ Petition (Civil)body2025
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[ 2025 DAILYLAW 933 (TRI) · dailylaw.ai ]
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[ 2025 DAILYLAW 933 (TRI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF TRIPURA AGARTALA
WP(C) No. 312 of 2025
Sri Biplab Bikash Ghosh and Ors.
………Petitioner(s) Versus The State of Tripura & Anr.
……..Respondent(s)
For Petitioner(s)
: Ms. M. Chakraborty, Advocate.
For Respondent(s) : Mr. Kohinoor N. Bhattacharyya, G.A.
HON’BLE JUSTICE DR. T. AMARNATH GOUD
ORDER 16.06.2025
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. Admit the petition. ii. Issue Rule NISI upon the respondents to Show Cause as to why the Writ of Certiorari shall not be issued cancelling/quashing the orders dated 21.02.2025 and 12.03.2025 passed by the respondent No.2 with a direction to dispose of the condonation petition filed by the petitioners with the application under filed Section 28 A of the Land Acquisition Act 1894 on merit. iii. Issue Writ(s) in the light of the prayer made above and make the Rule absolute. iv. Any other order/orders, director/directors as the Hon’ble Court may kindly be pleased.”
[3]
It is seen from the record that this is a second round of litigation before this Court, earlier when the petitioners have approached this Court seeking compensation, this Court has granted liberty to the petitioners to file necessary documents in support of their claim before the concerned LA Collector and remanded the matter. [4] In pursuance of the same, the petitioners have approached the respondent and filed their necessary documents in support of their claims and the same stood rejected on the ground of delay on 21.02.2025 and
thereafter, the petitioners again filed a review petition which was also rejected on 12.03.2025 as not maintainable . [5] In the larger interest of the litigation, where the land of the petitioners if at all has been acquired by the respondent which affects the right to property of the petitioners envisaged under article 300 of the Constitution of India cannot be viewed leniently by this Court. And it is also seen that the petitioners are althrough contesting the matter seeking redressal. It is necessary that to meet the ends of justice, certain technicalities need to be considered in a broader way. The action of the respondent in the larger interest of justice cannot be appreciated and the same is accordingly set aside and the delay is condoned. [6] In view of the same, the concerned respondent is directed to receive the documents filed by the petitioners in support of their claim and examine the same in accordance with law and take a decision preferably within a period of 04 months from the date of receipt of the copy of this
order.
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: 2025.06.18 16:14:39 +05'30'