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Judgment
T. Amarnath Goud, J
[1] Heard counsel for the parties.
[2] On perusing the records, this court finds that the order dated 08.09.2021 passed by Mr. Asim Saha, ADM & Collector, West Tripura, Agartala is without application of his mind. It is also seen that Mr. Saha, has not considered the order of the court dated 27.08.2021 passed in WP(C)584 of 2021 of this court which indicates that the petitioner to file compromise deed before the ADM & Collector, respondent No.6 and to pass order in terms of the said compromise.
[3] Whereas the order passed dated 08.09.2021 by the respondent No.6 which is under challenge is otherwise. Further, it also surfaces from the records that Mr. Saha has passed an order on 30.03.2022 in Revenue Case No.139/22 U/S 96 of the TLR & LR Act, 1960 which is placed by the counsel for the respondents before this court on 31.03.2022 is again the one without application of his mind. Mr. Saha, is present today in the court and expresses his apologies for passing such orders without application of his mind and without considering the order of the court.
[4] Mr. Saha undertakes to pass fresh order in accordance the order dated 27.08.2021 in WP(C) 584 of 2021 passed by this court in recording the compromise and closing the matter in terms of the compromise. Mr. Saha, further submits that he is intending to withdraw the proceedings dated 30.03.2022 forthwith.
[5] In view of the above discussion, this court directs the respondent No.6 ADM & Collector, West Tripura, Agartala to consider the case of the petitioner in terms of the compromise and also in the light of order dated 27.08.2021 passed in WP(C)584 of 2021 by this court.
[6] With the above observation, the present CRP is allowed and disposed of setting aside the impugned order dated 08.09.2021.
[7] Mr. Debapriya Bardhan, DM & Collector, West Tripura, Agartala (respondent No.5) and Mr. Asim Saha, ADM, West Tripura, Agartala (respondent No.6) are present before this court today. Their presence is hereby dispensed with.
[8] A copy of this order be furnished to the counsel for the parties in course of the day.