Tripura High Court
Unknown vs For Applicant(S) : Ms. Sarama Deb on 9 January, 2020
Author: Akil Kureshi
Bench: Akil Kureshi
Page 1 of 6
HIGH COURT OF TRIPURA
AGARTALA
I.A. No.02/2019 in RFA No.31/2019
For Applicant(s) : Ms. Sarama Deb, Advocate.
For Respondent No.1 : Mr. Debalay Bhattacharjee, G.A.
For Respondents No.2 & 3 : Mr. Somik Deb, Advocate, Mr. Anujit Dey, Advocate.
HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI Order 09/01/2020 This application is filed by the Forest Department of the State Government seeking condonation of delay of 1193 days in filing the appeal. The appeal is directed against a judgment and decree dated 30.05.2016 passed by the learned Civil Judge (Senior Division), Gomati District. The suit was instituted by the respondents seeking declaration of a title over the suit land and also for permanent injunction against dispossession as also for payment of damage caused by the Forest Department to the property of the plaintiffs.
The suit was decreed in favour of the plaintiffs declaring the plaintiffs to be having title over the suit property. The defendants were permanently injuncted from disturbing their possession. There was also a direction for payment of compensation of `5,70,000.
There has undoubtedly been a gross delay in filing the appeal.
However, there is a detailed explanation for such delay, relevant portion of which reads as under:
"3) That, the impugned judgment & order was passed on 8th June, 2016 and, thereafter on 17/06/2016 application was made for obtaining certified copy which subsequently made ready for delivery on 29.06.2016. On Page 2 of 6 10th July, 2016 the Ld. Govt. Pleader, who was conducting the case for the defendants-appellants, sent the case file to the Divisional Forest Office, Bagafa, Santirbazar, with his opinion to the effect that--this is a fit case for preferring on appeal. On receipt of it, the Sub-Divisional Forest Officer, Bagafa South Tripura by a letter dated 21.07.2016 referred the case file to the District Forest Officer, South Tripura District, Belonia, who on receipt of the same, without losing further time, by a letter dated 22-07-2016, sent the case file to the Chief Conservator of Forest (RT), Office of the PCCF Tripura, Agartala. Subsequently, the Chief Conservator of Forest, in the first week of August, 2016, consulted the matter with the Law Department of the Government of Tripura and, it was decided that Sri Subrata Datta, Additional Public Prosecutor, Belonia would prepare the draft Memo of Appeal and necessary petitions for condonation of delay and for staying the operation of the impugned order and accordingly on 19th September, 2016 the case file was handed over to Sri Datta, Ld. Addl. PP, who opined for obtaining of all certified copies of orders and evidences in connection with the case No TS 16/2012 from the Court of the Ld. Civil Judge, Sr. Division, Gomati District, Udaipur, Tripura and accordingly, on 03/10/2016 the file was processed for obtaining all certified copies of necessary documents, but due to Puja Vacation, no attempt could be made till 4th November, 2016 when the defendant-applicants sent the case file to the Ld. Addl.
Public Prosecutor, Belonia who on 15th November, 2016 sent his clerk to Udaipur and made consultation with the Ld. Government Pleader who conducted the case in the Ld. Court below but the Ld. Government Pleader was not available in the Court and hence, the clerk went back to Belonia, again on 29th November, 2016 the Clerk of the Ld. Addl. P.P. came to Udaipur and met the Ld. Govt. Pleader, who on perusal of the case file retained with him and on 02.12.2016 made prayer for certified copies of all documents viz. day-to-day order sheets including the impugned judgment & order, evidences etc., on „Urgent‟ requirement and accordingly, made ready for delivery the Page 3 of 6 same on 08.12.2016 and on getting information from the Clerk of the Ld. Govt. Pleader, Udaipur, the Clerk of the Addl. P.P. of Belonia went to Udaipur and received the same on 16-12-2016.
4) That, while the draft were prepared but it requires for scrutiny through law department. Accordingly, the record was sent from office of the Bagafa, Forest Office to Office of the PCCF on 28.12.2018. The office of the PCCF aftere receiving the file go through the same and found that the principle action for claiming any relief is with District Magistrate and Collector, South Tripura, not the department of Forest. More so, there was no post designated as Conservator of Forest. On further scrutiny of the record it was detected that the Secretary to the department of forest was also not made a party.
Accordingly, before sending the file along with the draft Memo of Appeal, the PCCF ask for discussion of the material irregularities. Be it mention here that immediately then was no discussion. The forest department made a detailed enquiry in respect of the query mentioned aforesaid. The respective file was again moved the Government pleader in respect of opinion. But the Government pleader unable to give proper views still July, 2017. In the first week of August, the Government Pleader asked to discuss with the Divisional Forest Officer in respect of this issues who in turn in the third week of September met with the Government pleader and discussed. The respective file was accordingly sent from the office of the Government Pleader through District Forest Office to the office of PCCF at Agartala.
5) That, in the first week of November, 2017 the file was sent for necessary correction of the drafting to the Government Pleader and the connected memo of Appeal was prepared and collected in the last week of December, 2017.
Page 4 of 66) That, the application and draft of Memo of Appeal was sent for opinion of Law Department in the last week of January, 2018 Inter departmental discussion was taken and considering the nature of the case, the Forest Department at the advice of Law Department appointed Sri Prasanta Kumar Paul to conduct the case. Accordingly by letter No.F.5(1)/LAW/LR-1/2018 dt. 03/04/2018 has been engaged as an advocate to conduct the case. The department accordingly moved all the doziens with the engaged counsel. Meanwhile, the Assembly election has been over and due to some administrative reason Sri Prasanta Kumar Paul was unable to motion the case as there was an anticipation of change of panel lawyers. However, there was a change of panel advocates in the Govt. list so prepared by the Government by letter dated 19/04/2018. At last, on 02/01/2019 Smt. Sarama Deb has been engaged to conduct the case. The Department of Forest accordingly taken back the file from Sri Prasanta Kumar Paul and handed over the same to newly engaged counsel.
On scrutiny of the records, newly engaged counsel asked for collecting some more documents from the Court record. Accordingly, on 02/01/19 certified copy has been applied for and on 10/01/19 the said copies were collected from the Court and in furtherance on 16/01/19 the same was handed over the newly appointed engaged counsel.
But all on a sudden the grand mother-in-law of the engaged counsel became seriously ill and was admitted to Hospital. Moreover, the mother of the engaged counsel also became seriously ill due to the sudden death of the father of the engaged counsel. As there was none to look after her mother, the Ld. Engaged counsel had to move to her parental house. In such a situation, Ld. Counsel could not go through the files properly and could not prepare the appeal along with condonation and stay petition till 12 th April, 2019. In between this period the grand-mother-in- law of the engaged counsel also expired.
Page 5 of 6The newly engaged counsel then perused the file along with all the documents on 16th April 2019 and prepared the appeal along with condonation petition and stay petition and directed the department to collected fees. The Court fees were collected on 02/05/2019 and the fresh memo of appeal and petition were vested from Law Department and filed before this Hon‟ble High Court of Tripura on 02/05/2019.
7) That, on 05/07/2019 while the case was fixed for hearing and admission before the Hon‟ble Chief Justice, High Court of Tripura it was revealed that there was some typographical mistake in computation of period of limitation and the Ld. Counsel appearing for the appellant submitted before the Hon‟ble High Court to allow her to withdraw the present appeal/application reserving liberty to file a fresh as a same cause of action. Accordingly Hon‟ble High Court was pleased enough to allow the Ld. Counsel to withdraw the appeal with liberty to file a fresh.
Accordingly Ld. Counsel directed the office of the department to apply for certified copy of the order dated 05/07/2019 passed by Hon‟ble Chief Justice of High Court of Tripura in RFA No.08/2019. She also directed the office apply for certified copy of Judgment and Order dated 30/05/2016 in Title Suit No.16 of 2012. Accordingly the office applied for copy of the Order dated 05/07/2019 on 09/08/2019 and the same was ready for delivery on 03/09/2019 and the office received the same on 05/09/2019. Simultaneously the office also applied for certified copy of the Judgment dated 30/05/2016 on 16/08/2019 and the same was ready for delivery on 19/08/2019."
In view of the above explanation by imposing cost, in my view, delay should be condoned. In the result, delay is condoned Page 6 of 6 subject to payment of cost of `25,000 (rupees twenty five thousand) to the respondents No.2 and 3, original plaintiffs.
I.A. is disposed of.
(AKIL KURESHI), CJ Pulak