HARENDRA DEBBARMA Vs. STATE OF TRIPURA AND OTHERS

JUDGEMENT

(1.) This case has an interesting history. One Nibaran Debbarma was the dealer of a Fair Price Shop at Sonaijala. The Sub-Divisional Officer, Sadar vide order dated 03.08.2011 cancelled the allocation of Fair Price Shop in favour of Nibaran Debbarma. Appeal filed by Nibaran Debbarma was dismissed on 03.01.2012. Thereafter, the said Fair Price Shop was allocated in favour of the petitioner, Harendra Debbarma on 03.01.2012.

(2.) Nibaran Debbarma filed WP(C)33/2013 in this Court. A learned Single Judge of this Court vide judgment dated 09.12.2013 allowed the writ petition and held that the cancellation of licence of Nibaran Debbarma was illegal. It is not disputed that the present writ appellant Harendra Debbarma was not a party in WP(C)33/2013. The learned Single Judge was not even apprised of the fact that after the cancellation of the Fair Price Shop in favour of Nibaran Debbarma the same had been allotted in favour of Harendra Debbarma.

(3.) Thereafter, the present appellant filed a writ petition being WP(C)107/2014 which was listed before another learned Single Judge of this Court and not before the same Single Judge who had decided WP(C)33/2013. The learned Single Judge held that the writ petition was not maintainable and that the petitioner should have either filed a review petition against the order passed in WP(C)33/2013 or should have filed an appeal against the said order. The appellant, thereafter, filed Review Petition No.18/2014 which was listed before the learned Single Judge who decided WP(C)33/2013. The learned Single Judge dismissed the review petition on 12.11.2014 holding that the review petition was not maintainable.