TRIPURA TRUCK OWNERS SYNDICATE Vs. STATE OF TRIPURA

JUDGEMENT

(1.) THE unsuccessful writ petitioner whose writ petition has been dismissed on the ground of being involved with disputed questions of fact has filed his writ appeal assailing the legality of the findings arrived at by the learned Single Judge. Be it stated here that the finding regarding involvement of disputed questions of fact had been recorded by the learned Single Judge on the basis of the intervention of the third party who are the respondents No. 3 to 16 in this appeal.

(2.) THE writ petition being W. P. (C) No. 148/06 was filed by the petitioner, namely Tripura Truck Owners' Syndicate, represented by the General Secretary for direction to the respondents, more particularly the respondent No. 2, to make the payments to the petitioners' syndicate in respect of utilization of the service of the trucks supplied by the petitioners' syndicate. Such a direction was prayed for in view of the issuance of the letter dated 10. 03. 06 by the Govt. of Tripura in the Directorate of Food, Civil Supplies and Consumers Affairs and addressed to the General Secretary of the petitioner's syndicate requesting him to obtain an order from the Court of law for making the payment. This writ proceeding necessarily relates to an earlier writ proceeding involving the same parties which was disposed of by a consent order. The said proceeding was registered and numbered as W. P. (C) No. 10/06 and was disposed of by order dated 17. 02. 06. The said proceeding had arisen in respect of a miscellaneous proceeding in title Suit No. 145/05 filed by the petitioner syndicate against one Shri Subrata Kr. Gupta and 31 others out of total 406 members of the petitioner's syndicate. In the Misc. case clearing No. . 103/05 filed under Order 39 Rule 1 and 2 C. P. C. read with Section 151 of the C. P. C. , the learned single Judge (Jr. Division), West Tripura, Agartala passed an order dated 07. 12. 05 in favour of the plaintiffs' syndicate restraining the defendants from perfuming any official transaction, namely collection of cheques or withdrawal of money etc. on behalf of the petitioners' syndicate.

(3.) AGAINST the aforesaid order dated 07. 12. 05, the defendants preferred the appeal bearing No. 18/05 and the learned Addl. District Judge by his order dated 03. 01. 06 allowed the appeal setting aside the order dated 07. 12. 05 passed by the learned Single Judge (Jr. Division ). It was against this order the aforesaid writ proceeding in W. P. (C) No. 10/06 was initiated by the present petitioner's syndicate which was disposed of by order dated 17. 2. 06. the operative part of the order is quoted below :