Sri Sudhir Datta v. The State of Tripura & Anr.
Case at a glance
- Bench
- S TALAPATRA
Outcome
Allowed
In terms thereof, this petition stands allowed and
Provisions considered
Key paragraphs
- Para 0505. Having regard to all these aspects of the matter, Mr. D. Sharma, learned Addl. G.A. has quite fairly submitted that the appellate authority, meaning the respondent No.2, may be directed to dispose of the appeal expeditiously in accordance with law. Hence, the respondent No.2…
Judgment
Mr. D. K. Daschoudhury, Adv. Mr. D. Sharma, Addl. G.A. ----Respondent(s) HON’BLE MR. JUSTICE S. TALAPATRA 20/05/2022 Order Heard Mr. D. K. Daschoudhury, learned counsel appearing for the petitioner and also heard Mr. D. Sharma, learned Addl. G.A. appearing for the respondents.
By the order dated 17.05.2022, this court raised a question whether the order passed by the Deputy Collector and Magistrate can be challenged in an appeal before the Sub- Divisional Magistrate as the appellate authority under Section 93(1)(a) of the TLR & LR Act. It has been clarified that for purpose of appeal, the Deputy Collector and Magistrate is treated as the subordinate officer to the Sub-Divisional Magistrate and as such the appeal would lie under Section 93(1)(a) of the TLR & LR Act to the Sub-Divisional Magistrate.
It appears that the appeal has been filed before the Sub-Divisional Magistrate against the order passed MR20060108. MR141/03, MR 500/99. MR498/99 and MR428/97 by the Deputy Collector under Section 93(1)(a) of the TLR & LR Act, 1960. It further appears that the appeal was received by the Sub-Divisional Magistrate, Udaipur Gomati Tripura on
23.11.2021.
On 19.04.2022, the petitioner filed another application before the appellate authority (the Sub-Divisional Magistrate, Udaipur, Gomati District) for an expeditious disposal of the said appeal inasmuch as the petitioner’s ancestral property was illegally mutated in the name of the respondents of the said appeal. No action, even thereafter, has been taken. Being aggrieved thereof, this petition under Article 226 has been filed urging this court for issuing a direction to the respondents for disposal of the said appeal dated 23.11.2021. It has been also stated by Mr. Daschoudhury, learned counsel on instruction that the said appeal has not been registered as yet by the respondent No.2 (the appellate authority).
Operative part
Having regard to all these aspects of the matter, Mr. D. Sharma, learned Addl. G.A. has quite fairly submitted that the appellate authority, meaning the respondent No.2, may be directed to dispose of the appeal expeditiously in accordance with law. Hence, the respondent No.2 is directed to register the appeal, if it is not registered in the meanwhile, to hear the same within 30(thirty) days from today and pass the appropriate order on appreciating the grounds as cited in the memorandum of appeal. The records be called for purpose of disposal of the appeal as soon as the copy of this order be placed before the respondent No.2. The petitioner shall supply a copy of this order to the respondent No.2 for compliance. In addition thereto, a copy of this order be supplied to Mr. D. Sharma, learned Addl. G.A for onward transmission. In terms thereof, this petition stands allowed and disposed of. There shall be no order as to costs. JUDGE Moumita
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.