LAWS(TRIP)-2015-3-60

KRISHNA SAHA; SAMIR CHANDRA NAHA; SATYAJIT NAHA; NIHAR BALA MODAK; GOPAL MODAK Vs. STATE OF TRIPURA; AGARTALA MUNICIPAL CORPORATION; CHIEF EXECUTIVE OFFICER; EXECUTIVE OFFICER

Decided On March 04, 2015
Krishna Saha; Samir Chandra Naha; Satyajit Naha; Nihar Bala Modak; Gopal Modak Appellant
V/S
State Of Tripura; Agartala Municipal Corporation; Chief Executive Officer; Executive Officer Respondents

JUDGEMENT

(1.) Heard Mr. A. Bhowmik, learned counsel appearing for the petitioners as well as Mr. TD Majumder, learned counsel appearing for the Agartala Municipal Corporation and its officers, respondent nos. 2,3 and 4 and Ms. AS Lodh, learned Additional Government Advocate appearing for the State of Tripura.

(2.) This writ petition has been filed challenging the legality of the notice dated 06.12.2014 (Annexure P8 collectively). The said notice has been issued in terms of the order passed by this Court on 27.11.2014 delivered in WP(C) (PIL) 15 of 2014. For purpose of reference, the said order dated 27.11.2014 as delivered in WP(C)(PIL) 15 of 2014 is reproduced hereinafter:

(3.) The operative part of this order which occassioned issuance of the notice under challenge clearly stipulates that as far Kumaritilla lake is concerned since proceedings have already been initiated for evicting the encroachers this Court declines to interfere in the quasi judicial proceedings so as to affect the rights of any party. However, it has been made clear that whoever be the authority which is conducting these proceedings shall ensure that all the proceedings are completed latest by 31st January, 2015.