Allowed

Simangshu Acharjee v. the State of Tripura and Ors.

Tripura HC13 Jul 2017WP(C)/1323/2016

Case brief

AI extract

What is this about?

The High Court of Tripura consolidated six writ petitions challenging the cancellation of stall allotment orders and the subsequent attachment of premises by the Sub-Divisional Magistrate. The Court quashed the adverse orders and directed restoration of possession under principles of natural justice.

What did the court decide?

Impugned orders cancelled and quashed; Sub-Divisional Magistrate directed to vacate attachment and hand over possession within 7 days; Panchayat Samiti permitted to take appropriate action only on obs

Simangshu Acharjee Vs the State of Tripura and Ors. — Writ and Judicial Review | Tripura HC (2017)

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THE HIGH COURT OF TRIPURA A G A R T A L A

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WP(C) No. 1317 of 2016 WP(C) No. 1322 of 2016 WP(C) No. 1323 of 2016 WP(C) No. 1324 of 2016 WP(C) No. 1379 of 2016 WP(C) No. 1380 of 2016

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In WP(C) No.1317 of 2016

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Md. Abdul Monaf,

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son of late Tapajjul Ali, resident of village: South Kadamtala, P.O. Kadamtala, P.S. Kadamtala, District: North Tripura, PIN: 799 261

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…... Petitioner

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-V E R S U S-

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1. The State of Tripura,

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represented by the Chief Secretary, Government of Tripura, New Secretariat Complex, P.O. Kunjaban, Agartala-799 006

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2. The District Magistrate and Collector, North Tripura District, P.O & P.S. Dharmanagar, PIN: 799 250

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3. The Superintendent of Police, North Tripura District, P.O. and P.S. Dharmanagar, PIN: 799 250

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4. The Sub-Divisional Magistrate, Dharmanagar Sub-Division, P.O. & P.S. Dharmanagar, District: North Tripura, PIN: 799 250

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5. The Block Development Officer, Kadamtala R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261

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Page 1 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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6. The Chairman, Kadamtala Panchayat Samiti, Kadamtala-799261, North Tripura, represented by the Block Development Officer, Kadamtala, R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261

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7. The Panchayat Secretary, Kadamtala Gram Panchayat Office, Kadamtala R.D. Block, Kadamtala, District: North Tripura, PIN: 799 261

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…... Respondents

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In WP(C) No.1322 of 2016

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Md. Nazir Ali, son of Md. Fazlur Rahman, resident of village: South Kadamtala, P.O. Kadamtala, P.S. Kadamtala, District: North Tripura, PIN: 799 261

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…... Petitioner

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-V E R S U S-

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1. The State of Tripura, represented by the Chief Secretary, Government of Tripura, New Secretariat Complex, P.O. Kunjaban, Agartala-799 006 2. The District Magistrate and Collector, North Tripura District, P.O & P.S. Dharmanagar, PIN: 799 250

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3. The Superintendent of Police, North Tripura District, P.O. and P.S. Dharmanagar, PIN: 799 250

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4. The Sub-Divisional Magistrate, Dharmanagar Sub-Division, P.O. & P.S. Dharmanagar, District: North Tripura, PIN: 799 250

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Page 2 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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5. The Block Development Officer, Kadamtala R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261 6. The Chairman,

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Kadamtala Panchayat Samiti, Kadamtala-799261, North Tripura, represented by the Block Development Officer, Kadamtala, R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261

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7. The Panchayat Secretary, Kadamtala Gram Panchayat Office, Kadamtala R.D. Block, Kadamtala, District: North Tripura, PIN: 799 261

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…... Respondents

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In WP(C) No.1323 of 2016

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Sri Shimanshu Acharya, son of late Harendra Acharya, resident of village Kadamtala, P.O. Kadamtala, P.S. Kadamtala, District: North Tripura, PIN: 799 261

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…... Petitioner

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-V E R S U S-

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1. The State of Tripura,

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represented by the Chief Secretary, Government of Tripura, New Secretariat Complex, P.O. Kunjaban, Agartala-799 006 2. The District Magistrate and Collector, North Tripura District, P.O & P.S. Dharmanagar, PIN: 799 250

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3. The Superintendent of Police, North Tripura District, P.O. and P.S. Dharmanagar, PIN: 799 250

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Page 3 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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4. The Sub-Divisional Magistrate, Dharmanagar Sub-Division, P.O. & P.S. Dharmanagar, District: North Tripura, PIN: 799 250 5. The Block Development Officer, Kadamtala R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261 6. The Chairman, Kadamtala Panchayat Samiti, Kadamtala-799261, North Tripura, represented by the Block Development Officer, Kadamtala, R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261

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7. The Panchayat Secretary, Kadamtala Gram Panchayat Office, Kadamtala R.D. Block, Kadamtala, District: North Tripura, PIN: 799 261

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…... Respondents

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In WP(C) No.1324 of 2016

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Sri Anil Chandra Nath, son of late Aswini Kumar Nath, resident of village: South Kadamtala, P.O. Kadamtala, P.S. Kadamtala, District: North Tripura, PIN: 799 261

…... Petitioner

-V E R S U S-

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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3. The Superintendent of Police, North Tripura District, P.O. and P.S. Dharmanagar, PIN: 799 250

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4. The Sub-Divisional Magistrate, Dharmanagar Sub-Division, P.O. & P.S. Dharmanagar, District: North Tripura, PIN: 799 250

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5. The Block Development Officer, Kadamtala R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261

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7. The Panchayat Secretary, Kadamtala Gram Panchayat Office, Kadamtala R.D. Block, Kadamtala, District: North Tripura, PIN: 799 261

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…... Respondents

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In WP(C) No.1379 of 2016

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Sri Kshitish Chandra Nath, son of late Kanai Nath, resident of village: South Kadamtala, P.O. Kadamtala, P.S. Kadamtala, District: North Tripura, PIN: 799 261

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…... Petitioner

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-V E R S U S-

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1. The State of Tripura, represented by the Chief Secretary, Government of Tripura, New Secretariat Complex, P.O. Kunjaban, Agartala-799 006

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Page 5 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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2. The District Magistrate and Collector, North Tripura District, P.O & P.S. Dharmanagar, PIN: 799 250 3. The Superintendent of Police, North Tripura District, P.O. and P.S. Dharmanagar, PIN: 799 250 4. The Sub-Divisional Magistrate, Dharmanagar Sub-Division, P.O. & P.S. Dharmanagar, District: North Tripura, PIN: 799 250 5. The Block Development Officer, Kadamtala R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261 6. The Chairman, Kadamtala Panchayat Samiti, Kadamtala-799261, North Tripura, represented by the Block Development Officer, Kadamtala, R.D. Block, P.O. & P.S. Kadamtala, District: North Tripura, PIN: 799 261 7. The Panchayat Secretary, Kadamtala Gram Panchayat Office, Kadamtala R.D. Block, Kadamtala, District: North Tripura, PIN: 799 261 …... Respondents In WP(C) No.1380 of 2016 Sri Kunal Nath, son of Nani Gopal Nath, resident of village: Kadamtala, P.O. Kadamtala, P.S. Kadamtala, District: North Tripura, PIN: 799 261 …... Petitioner -V E R S U S- 1. The State of Tripura, represented by the Secretary, Department of Power,

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Page 6 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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New Secretariat Complex, Khejur Bagan, P.O. Kunjaban, P.S. New Capital Complex, District: West Tripura, PIN: 799 006

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2. The Principal Secretary, Department of Finance, Khejur Bagan, P.O. Kunjaban, P.S. New Capital Complex, District: West Tripura, PIN: 799 006

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3. The Tripura State Electricity Corporation Limited, (A Government of Tripura Enterprise) represented by the Chairman-cum-Managing Director, Tripura State Electricity Corporation Limited, Tripura, having its Head Office at Bidyut Bhavan, North Banamalipur, Agartala,

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District: West Tripura, PIN: 799 001

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4. The Chairman-cum-Managing Director, Tripura State Electricity Corporation Limited, Tripura, Bidyut Bhavan, North Banamalipur, Agartala, District: West Tripura, PIN:799 001

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…... Respondents

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B E F O R E

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THE HON’BLE MR. JUSTICE S. TALAPATRA

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For the petitioner : Ms. S. Deb, Advocate For the respondents : Mr. S. Chakraborty, Addl. G.A.

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Date of hearing and delivery of Judgment and order : 13.07.2017 Whether fit for reporting : No

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JUDGMENT & ORDER (ORAL)

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Heard Ms. S. Deb, learned counsel appearing

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for the petitioners as well as Mr. S. Chakraborty, learned Addl.

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G.A. appearing for the respondents.

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Page 7 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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02. All these writ petitions, being W.P.(C) 1317 of 2016 [Md. Abdul Monaf vs. The State of Tripura & Ors.], W.P.(C) 1322 of 2016 [Md. Nazir Ali vs. The State of Tripura & Ors.], W.P.(C) 1323 of 2016 [Sri Shimanshu Acharya vs. The State of Tripura & Ors.], W.P.(C) 1324 of 2016, [Sri Anil Chandra Nath vs. The State of Tripura & Ors.] W.P.(C) 1379 of 2016 [Sri Kshitish Chandra Nath vs. The State of Tripura & Ors.] and W.P.(C) 1380 of 2016[Sri Kunal Nath vs. The State of Tripura & Ors] are consolidated for disposal by a common judgment inasmuch as a common question wades through all these writ petitions.

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03. The petitioners were admittedly allotted stalls constructed by Kadamtala Panchayat Samiti in the gallery of Kadamtala Higher Secondary School by the allotment order dated 28.05.2014 [Annexure-1 to each of the writ petitions] issued by the Panchayat Secretary of Kadamtala Village Panchayat. Without any notice, by the communication dated 30.10.2015 [Annexure-2 to each of the writ petitions] the said allotment orders were cancelled by the Panchayat Secretary, Kadamtala Gram Panchayat on the purported ground that at the time of allotment by the allotment order dated 28.05.2014, no transparent policy of allotment was followed. In this backdrop, Kadamtala Panchayat Samiti took a resolution on 12.09.2014 cancelling the said allotments. Pursuant to the said resolution, the communication dated 30.10.2015 had been issued by cancelling the allotments in

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Page 8 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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favour of the petitioners. By the said communication, the petitioners were asked to collect their deposit from the Panchayat Secretary.

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04. It has surfaced further that on apprehension of breach of peace or tranquillity in the area as regards the cancellation, by the order of the Sub-Divisional Magistrate, Dharmanagar, North Tripura, those stalls have been put under attachment by making entry in the said stalls. The petitioners have thus alleged that their properties are in the said stalls and they are not being allowed to enter in the said stalls. It is really surprising that without any notice the allotments were cancelled.

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05. In their reply the respondents have admitted the above fact in its entirety. However they have submitted that under Section 112 of the Tripura Panchayat Act, 1993, the Panchayat Samiti is authorised to manage the properties constructed by them. Nobody is challenging the said authority of the Panchayat Samiti. The Panchayat Samiti being a local body created by the Constitution of India as well as under the Tripura Panchayat Act, 1993, it is ‘the State’ within the meaning provided under Artilce 12 of the Constitution of India and, as such they are also obligated by Article 14 of the Constitution of India. The State cannot act arbitrarily or cannot refuse to follow the basic tenets of law, such as, to provide the reasonable opportunity following the tenets of the natural

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Page 9 of 10

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

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justice when the citizens are going to be affected by any state action particularly in respect of a right that has been created by the state. In this case, this court finds that no such opportunity was at all given to the petitioners before cancellation of the allotment order or before attachment.

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06. In view of this, the impugned orders [Annexure2 to each of the writ petitions] are set aside and quashed. The Sub-Divisional Magistrate, Dharmanagar, North Tripura is directed to vacate attachment order and hand-over the possession to the petitioners within a period of 7(seven) days from the date when they would receive a copy of this order. However, the Kadamtala Panchayat Samiti is permitted to take appropriate action only if there are permitted by law and on observing the principles of natural justice.

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07. With these observation and direction, these writ petitions, being W.P.(C) 1317 of 2016, W.P.(C) 1322 of 2016, W.P.(C) 1323 of 2016, W.P.(C) 1324 of 2016, W.P.(C) 1379 of 2016 and W.P.(C) 1380 of 2016 are allowed to the extent as indicated above and disposed of.

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A copy of this order be furnished to Mr. S. Chakraborty, learned Addl. G.A. forthwith.

JUDGE

Moumita

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W.P.(C) Nos. 1317 of 2016, 1322 of 2016, 1323 of 2016, 1324 of 2016, 1379 of 2016 & 1380 of 2016

Simangshu Acharjee v. the State of Tripura and Ors.

Case brief

What is this about?

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Simangshu Acharjee v. the State of Tripura and Ors.

Case brief

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What did the court decide?

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