Dismissed

Pulakesh Debbarma and Ors. v. the State of Tripura and Ors.

Tripura HC25 Oct 2017WP(C)/1319/2017

Case brief

AI extract

What is this about?

The petitioner, an intending purchaser, filed a writ petition under Section 187(3) of the Tripura Land Revenue and Land Reforms Act, 1960, seeking prohibition on sale permission. The Court dismissed the petition as devoid of merit, noting the competent authority was conducting an inquiry.

What did the court decide?

None; sale permission was not restrained but the petition was dismissed.

Pulakesh Debbarma and Ors. Vs the State of Tripura and Ors. — Land Acquisition | Tripura HC (2017)

¶1

Noting by Officer or Serial Date Advocate No	Office notes, reports, orders or Proceedings with signature
25.10.2017	WP(C) 1319 OF 2017 BEFORE THE HON’BLE MR. JUSTICE S. TALAPATRA Heard Mr. D Sarkar, learned counsel appearing for the petitioner. By means of this petition, the petitioner who is an intending purchaser of the land for which sale permission has been asked for under Section 187(3) of the Tripura Land Revenue and Land Reforms, Act, 1960 has urged this Court prohibiting the competent authority not to issue any sale permission. It is not in dispute that on the basis of the petition for sale permission sought for by the owner of the land, an inquiry has been instituted by the competent authority which is reflected in the communication dated 02.02.2017 (Anenxure-2 to the writ petition). The petitioner has urged this Court to restrain the official respondents from issuing any sale permission in favour of the respondents No.5&6 pursuant to the order dated 02.02.2017 in respect of the land as described in schedule ‘A’ which is owned by the respondents No.5&6. This Court is appalled as to how such petition can be filed when the competent authority is making inquiry into the matter whether the said permission can be granted or not. If the petitioners are so interested to purchase the land they can straightway approach the owner and settle the matter. The sale permission cannot deter sale in favour of the petitioner. This writ petition is absolutely devoid of any merit and accordingly it is dismissed.

Noting by Officer or Serial Date
Advocate No

Office notes, reports, orders or
Proceedings with signature

25.10.2017

WP(C) 1319 OF 2017
BEFORE
THE HON’BLE MR. JUSTICE S. TALAPATRA
Heard Mr. D Sarkar, learned counsel
appearing for the petitioner.
By means of this petition, the petitioner
who is an intending purchaser of the land for
which sale permission has been asked for under
Section 187(3) of the Tripura Land Revenue and
Land Reforms, Act, 1960 has urged this Court
prohibiting the competent authority not to issue
any sale permission.
It is not in dispute that on the basis of the
petition for sale permission sought for by the
owner of the land, an inquiry has been
instituted by the competent authority which is
reflected
in
the
communication
dated
02.02.2017 (Anenxure-2 to the writ petition). The
petitioner has urged this Court to restrain the
official respondents from issuing any sale
permission in favour of the respondents No.5&6
pursuant to the order dated 02.02.2017 in
respect of the land as described in schedule
‘A’ which is owned by the respondents No.5&6.
This Court is appalled as to how such
petition can be filed when the competent
authority is making inquiry into the matter
whether the said permission can be granted or
not.
If the petitioners are so interested to
purchase the land they can straightway
approach the owner and settle the matter. The
sale permission cannot deter sale in favour of
the petitioner.
This writ petition is absolutely devoid of any
merit and accordingly it is dismissed.

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Noting by Officer or Advocate	Serial No	Date	Office notes, reports, orders or Proceedings with signature
			However, in the context of the case, this Court is not imposing any deterrent cost but in future if the petitioner approaches this Court with such frivolous litigation this Court will take a stern view.
			JUDGE

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lodh

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Pulakesh Debbarma and Ors. v. the State of Tripura and Ors.

Case brief

What is this about?

What did the court decide?

Pulakesh Debbarma and Ors. v. the State of Tripura and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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