Tripura High Court
For vs For on 21 December, 2021 HIGH COURT OF TRIPURA
AGARTALA
IA No. 2 of 2021 in CRP 82 of 2021
For Applicant(s) : Mr. A. Nandi, Adv.
For Respondent(s) : Mr. B. Majumder, ASG.
HON’BLE MR. JUSTICE T. AMARNATH GOUD
ORDER
21.12.2021
Heard counsel for the both sides.
It is agreed by the counsel for the parties that the instant
interlocutory application arising out from CRP 82 of 2021 is covered by
an earlier civil revision petition bearing No. 83 of 2021 which was
disposed of by this court on 17.12.2021.
The relevant portion of the order dated 17.12.2021 is
reproduced hereunder:
“Mr. Subhasis Bandopadhay, L.A. Collector,
Sipahijala District is present in the Court today. His
presence for the future is dispensed with. Mr. Subhassis
Bondopadhay, L.A. Collector when enquired by this Court
submits that he will comply with the order of the Court
passed in WP(C) No.1163 of 2019 and ors., in its true
letter and spirit. The reason for not disbursing the amount
is that amount has not been deposited in his L.A. account
by the petitioner herein, i.e. the Union of India.
Mr. B. Majumder, learned Asst. S.G. submits that the
L.A. Collector has not complied with the order in WP(C)
No.1163 and ors., and when the Court has asked him to
point out the specific portion of the order which has not
been complied with, the learned Asst. S.G. has drawn the
attention of this Court to Para-7 of the WP(C) No.1163 of
2019 and ors., and contended that only after due
verification with regard to the status of the claimants as a
landowner or occupant, the amount is to be paid.
This Court is not convinced with the contention of
the learned Asst. S.G. since it is not for the petitioner-
Union of India to verify whether the amount is being
disbursed to the right person or not. The petitioner is
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obligated to deposit the awarded amount with the L.A.
Collector and the L.A. Collector shall disburse the same to
the appropriate persons. It is the bonafide duty of the
petitioner-Union of India to deposit the awarded amount
having taken possession of the land decades ago. The
Government is not expected to act in a casual manner
against the interest and property of the poor citizens in
violation of Article 300A of the Constitution of India.
In view of same, the instants CRPs are disposed of
directing the petitioner-Union of India to deposit the
awarded amount within a period of 2(two) weeks from
today positively to the account of the L.A. Collector in this
subject matters. On receipt of the said amount, L.A.
Collector shall issue notices to the claimants indicating the
date and time to be present in his office along with the
relevant documents for disbursing of the amount in their
favour. The documents required shall be specified in
respect of each claimant according to facts of each case.
After completing the said inquiry by the L.A. Collector, the
amount shall be disbursed forthwith. This exercise by the
L.A. Collector shall be completed within a period of 2(two)
weeks after the receipt of the amounts from the Union of
India, the petitioner herein.”
In view of the observation made above, this interlocutory
application stands disposed of.
JUDGE
Dipak
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