Sri. Habil Miah and 5 others v. The Union of India and 3 others
Court: High Court of Tripura
Bench: HON'BLE MR JUSTICE T. AMARNATH GOUD
Judgment date:
Case summary
High Court of Tripura judgment dated 2024-11-08. Sri. Habil Miah and 5 others v. The Union of India and 3 others. Read the judgment and case details on...
Judgment text
HIGH COURT OF TRIPURA AGARTALA WP(C) NO. 181 OF 2024 Sri Habil Miah and ors. -----Petitioner(s) Versus The Union of India and ors. -----Respondent(s) For the Petitioner(s) : Mr. A. De, Advocate. For the Respondent(s) : Mr. B. Majumder, Deputy SGI. Mr. R. G. Chakraborty, Advocate. Date of hearing and delivery of Judgment & Order : 08/11/2024. Whether fit for reporting : No.. BEFORE HON’BLE MR. JUSTICE T. AMARNATH GOUD J U D G M E N T & O R D E R(ORAL) Today, the matter is listed for final hearing, and when the case is called, there is no representation on behalf of the petitionerS. Mr. B. Majumder, learned Deputy SGI, appears for the Union-respondent, and Mr. R. G. Chakraborty, learned counsel, appears for the State-respondents. 2. It is the case of the petitioner that way back in 1999, land was acquired for the Indo-Bangla Border fencing, and proper compensation, to the satisfaction of the petitioner(s), was not paid.
Thereafter, in 2023, the petitioners filed an application before the respondents dated 10. 07. 2023 through registered post, praying for proper compensation. Since no action has been initiated, the present writ petition is filed. 3. This matter was earlier listed on 22. 04. 2024, and when the case was called, Mr. A. De, learned counsel for the petitioners, was absent, though respondent-counsels were present. 4. It is the case of the respondents that this is purely chance litigation. Way back in 1995, the acquisition proceedings were initiated, and thereafter, in pursuance of the order passed by this Court in WP(C) No. 148 of 2021 and batch of other writ petitions, the respondents complied with the Court’s order. The father of the petitioners herein, Saphik Mian, S/o Lt. Anu Miah, had filed WP(C) No. 150 of 2021. Accordingly, payment was made. A copy of the said settlement is filed along with the counter affidavit of the respondents, annexed as Annexure-C (Page No.
68 of the writ petition). 5. In view of the said submission, since the affidavit does not indicate any particulars regarding the property or the acquisition proceedings, and since no document is filed, no title deed or any document relating to the claim is placed on record, this Court draws an adverse inference against the claimant-petitioners. Accordingly, the present writ petition stands dismissed. 6. As a sequel, any stay, if in place, stands vacated. Pending application(s), if any, also stand closed. JUDGE suhanjit Digitally signed by RAJKUMAR RAJKUMAR SUHANJIT SUHANJIT SINGHA Date: 2024. 11. 08 12:39:26 SINGHA +05'30'
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