LAWS(GAU)-2006-6-34

TRIPURA TRUCK OWNER SYNDICATE Vs. STATE OF TRIPURA

Decided On June 30, 2006
TRIPURA TRUCK OWNER'S SYNDICATE Appellant
V/S
STATE OF TRFPURA Respondents

JUDGEMENT

(1.) Heard Mr. D. K. Biswas, learned counsel for the petitioner. Heard Mr. A. Ghosh, learned counsel for the respondents Nos. 1 and 2 and Mr. S, Deb, learned counsel for the applicant in C. M. Application No. 158 of 2006 seeking impleadment.

(2.) (i) In the present writ petition No. 148 of 2006, the main prayer has been made to issue Rule asking the Respondents to show cause as to why his letter dated 103.2006 (Annexure-3) should not be treated to be baseless and meaningless in view of the Order passed on 17.2,2006 of W.R (C) No. 10 of 2005 and to issue Rule asking the Respondents to show cause as to why a clear direction should not be given to the Respondent No. 2 to make all payments immediately to the Petitioner Syndicate handing over the cheque or any other negotiable instrument to the elected secretary namely Shri Rupak Barman until further order of any Court or removal of the Executive Committee from the power by due process of Law. (ii) A Civil Misc. Application No. 158 of 2006 in W.P. (C) No. 148 of 2006 for impleadment has also been moved by Sri Somik Deb, learned counsel for the applicants. (iii) During course of hearing through a C.M. Application No. 256 of 2006, prayer has been made that the plaint of the suit filed by petitioner namely T.S. 145 of 2005 and copy of temporary injunction order passed on 7.12.2005 and order of the appellate court dated 3.1.2005 are intended to be placed on the record with prayer that the order dated 10.3.2006 (Annexure-3) to be.... "Arbitrary and illegal in view of the argument between the Syndicate and the Government executed on 16.1.2004 and also Order of this Hon'ble Court passed on 17.2.2006 in W.P. (C) 10 of 2005, and accordingly be quashed by issuing a Writ of Certiorari."

(3.) By an order dated 10.3.2006 of the Director of Food, Civil Supplies & Consumer Affairs, Tripura (Annexure-3 to the writ petition) Shri Rupak Barman, General Secretary, Tripura Truck Owners Syndicate, Agartala has been informed that his representation dated 4.3.2006 addressed to the Commissioner, Food, Civil Supplies & Consumer Affairs, Government of Tripura, Agartala has been examined and it has been observed that he has to obtain an order from the Court of Law for making payment in his favour.