OF TRIPURA AGARTALA WP(C) No. 311 of 2022 · Tripura High Court
Case at a glance
Outcome
Disposed of
In terms of the above, this writ petition stands disposed of
Provisions considered
Judgment
Order For Petitioner(s) For Respondent(s) 12/04/2022 Heard Mr. Somik Deb, learned senior counsel assisted by Mr. Abir Baran, learned counsel appearing for the petitioners and Mr. P.K. Dhar, learned Sr. G.A. assisted by Ms. S. Nag, learned counsel appearing for the respondents. There is no reflection what is the status of the proceeding being Case No.02/R/2014. A written instruction dated 07.04.2022 has been placed but from that written instruction, nothing can be inferred about the status of the proceeding. As such, it can be assumed that the proceeding has been taken forward with expected expedition. Mr. Somik Deb, learned senior counsel appearing for the petitioners has submitted that the respondents who are occupying the land illegally, in violation of the prohibition under Section 187(1) of the TLR & LR Act, 1960, are continuing their illegal possession taking advantage of the pendency and for not drawing the said proceeding to its logical end.
On the other hand, Mr. P.K. Dhar, learned Sr. G.A. appearing for the respondents has submitted that the petitioners have not been appearing before the Sub-Divisional Magistrate who is in seison of the proceeding under Section 187 of the TLR & LR Act for eviction of illegal possessors. Be that as it may, this court has not made any comment on merit of the proceeding. The way the proceeding is being handled is the area of consideration. On consensus of the parties, the following order is being passed: The respondent No.4 is specifically directed to complete the inquiry and pass the final order to bring the proceeding being Case No. 02/R/2014 to its end by affording reasonable opportunity to the parties to prove their respective case within a period of six months from the date of receipt of a copy of this order without fail. It is further directed that no extension of time would be provided. The petitioners are directed to appear before the respondent No.4.
Operative part
A copy of this order be furnished by them to its office of the respondent No.4. During that time, the respondent No.4 shall inform the next date of the proceeding to the petitioners so that, there cannot be any confusion regarding their appearance on the proceeding. Similarly, the persons who are sought to be evicted, they are to be given the notice, as due to them, so that they can have their defence laid about the fact and the challenge as raised in the proceeding. It is made absolutely clear that for service of notice on the opposite parties, a special messenger be deputed. For any reason, if the service cannot be completed, as it has been stated by Mr. Dhar, learned Sr. G.A. that the occupiers are all living on that land. The notice may be hung in a conspicuous place over the land in question. Since this court has not given observation on merit, no notice has been issued on the respondents No.6 to 8. In terms of the above, this writ petition stands disposed of. No order as to costs. The written instruction as produced before this court by Mr. Dhar, learned Sr. G.A. be kept in the file. A copy of this order be furnished to the counsel for the parties. JUDGE Sabyasachi B
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.