Writ jurisdiction is inappropriate for private civil disputes when effective remedies exist; courts must not intervene in unauthorized construction issues without established legal basis.

JUDGMENT

T. Amarnath Goud, J. - The writ petitioner has approached this Court with a prayer to issue a writ in the nature of Mandamus and/or any other direction or directions and/or order or orders of like nature directing the respondents to implement the Order of demolition of the unauthorized building, dated, 23.08.2021 and 29.01.2021 issued by the Assistant Municipal Commissioner, Central Zone AMC.

2. The case of the writ petitioner is that he has prayed for necessary direction upon the respondents No. 1 to 4 to demolish the unauthorized and illegal structure of the respondent No. 5 as per the orders dated 23.08.2021 and 29.01.2021 issued by the Assistant Municipal Commissioner, Central Zone, AMC.

3. The petitioner earlier filed WP(C) No. 504 of 2020, before the Court of the then Chief Justice, High Court of Tripura, Mr. Akil Kureshi objecting to the construction of a building which has been started by the respondent No. 5. This Court vide order dated 10.12.2020 disposed of the said writ petition by directing the AMC to complete the proceeding for removal/demolition of the construction. This Court further directed that respondent No. 5, shall not carry out any construction without obtaining permission and approval of plans for construction from the AMC.

4. The petitioner issued a legal notice, dated 16.01.2021 to the respondent Nos. 3 & 4 to comply with the order dated 10.12.2020 passed in WP(C) No. 504 of 2020 and to ensure that the respondent No. 5 cannot further violate the Order of the this Court.

5. The respondents did not comply with the order dated 10.12.2020. The petitioner again issued a legal notice dated 24.03.2021 informing the respondents No. 3 & 4 that the un-official respondent has been carrying on the construction violating the Order of this Court. The petitioner further requested to demolish the illegal construction of the un-official respondent in terms of Section 133(1) of the TRIPURA MUNICIPAL ACT , 1994.

6. Despite the legal notice dated 24.03.2021, respondent No. 5 has been carrying out the illegal construction. The unofficial respondent along with some others entered the house of the petitioner and assaulted his family members. The sister of the petitioner lodged an FIR at the police station.

7. Since the un-official respondent then filed Contempt petition before this Court vide Cont. Cas(C) No. 58 of 2021. Respondents No. 2, 3 & 4 filed a reply by way of affidavit that on 23.08.2021, the Assistant Municipal Commissioner, Central Zone, passed an order of demolition of the entire building construction as per the judgment and order of this Court and to submit execution report within 10 days. Failing which the AMC will forcefully demolish the said building and the required cost for removal will be recovered from the respondent No. 5.

8. Thereafter, this Court by order dated 11.11.2021, closed the Cont. Cas(C)58 of 2021 since the final order has been passed by the AMC for demolition of illegal building construction. It is open for AMC to take such necessary steps against the private respondents strictly in accordance with the law.

9. Till date, respondent No. 5 did not demolish the unauthorized construction nor has submitted the execution report.

10. Thereafter, the Assistant Municipal Commissioner Central Zone, AMC by letter dated 29.01.2021 directed respondent No. 5 to stop illegal building construction which is considered without any approval from AMC within 15 days failing which the Municipal Authority will take an ex-parte decision according to TRIPURA MUNICIPAL ACT , 1994. But till date, respondent No. 5 has not stopped the illegal building construction.

11. Under such circumstance as stated above, the writ petitioner herein has filed this instant writ petition and prayed for the following relief:-

'I. Issue Rule upon the respondents to show cause as to why a writ in the nature of Mandamus and/or order/orders and/or direction/directions of like nature shall not be issued whereby directing the respondents to im