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Judgment
Biswajit Palit, J
Learned counsel Mr. S. Bhattacharjee along with Mr. D. Paul, Learned counsel is present for the petitioner.
Mr. Kohinoor N Bhattacharya, Learned G.A. is present for the respondents No.1-4 and Mr. B. N. Majumder, Learned Senior Counsel assisted by Mr. R. Saha, Learned counsel is present for the respondents No.5 and 6.
Heard both the sides at length.
This writ petition is filed under Article 227 of the Constitution of India, challenging the order dated 04.10.2024 passed by Sub-Divisional Magistrate, Sadar, West Tripura [Annexure-8 of the writ petition].
By this writ petition the petitioner has challenged the order of attachment which is likely to be held on 22.10.2024 at 11.00 a.m. In course of hearing Learned counsel for the petitioner submitted that the petitioner by this time has preferred an appeal before the District Collector challenging the order dated 18.07.2024 [Annexure-5 to this writ petition] passed by Learned Certificate Officer (Deputy Collector & Magistrate, Sadar, West Tripura) in connection with Case No.31/TIDC/PDR/06 which is pending for adjudication.
Learned Senior counsel and Learned G.A. for the respondents strongly opposed the submission made by the Learned counsel for the petitioner and submitted that this writ petition is not maintainable.
After hearing both the sides it appears that the present petitioner did not approach before the Learned District Collector, West Tripura District for staying operation of the order of the Certificate Officer dated 04.10.2024 where the appeal is pending for disposal and without approaching to the court of the Learned District Collector the present petitioner has directly approached to the High Court for staying operation of the said order dated 04.10.2024.
After hearing both the sides it appears that the petitioner has failed to make out any case for issuing any rule. Hence, the writ petition filed stands dismissed. However, the petitioner shall approach to the Learned District Collector, West Tripura, Agartala challenging the memo dated 04.10.2024 issued by the SDM, Sadar, West Tripura where the appeal preferred by the petitioner is pending and the Learned District Collector shall dispose of the application if filed on merit in accordance with law.
With this observation and direction this writ petition stands disposed of.
A copy of this order be supplied to Learned Counsel Mr. S. Bhattacharjee appearing for the petitioner in course of the day and also a copy of this order be supplied to Mr. Kohinoor N Bhattacharya, Learned G.A. for information and necessary action.