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2023 Supreme(Tri) 16
HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Mandira Das - Appellant
Versus
Tripura University & Anr. - Respondents
Writ Petition (C) No. 25 of 2023
Decided On : 12-01-2023
Important Points
Subject
Public Law - Administrative Law
Headnote
(B) Writ Jurisdiction - The High Court's jurisdiction under Article 226 allows it to issue directions, orders, or writs for enforcement of fundamental rights or for any other purpose. (Paras 2, 3)
Facts of the case:
The petitioner filed a writ petition challenging the actions of the university, seeking a rule to issue against the respondent parties, prompting the court to issue a notice for response.
Findings of Court:
The court recognized the need for a formal response from the respondents and allowed for the filing of counter affidavits.
Issues: Whether the petitioner’s actions necessitate a rule requiring a response from the respondents as sought in the petition.
Ratio Decidendi: The court held that providing notice to the respondents for their response upholds the principles of fair hearing and due process within the exercise of its writ jurisdiction.
Result: Notice issued; respondents to respond.
S S Debnath, Advocate, D. Singh Kunwar, Advocate, Tanmay Debbarma, Advocate
| Table of Content |
|---|
| 1. parties involved in the case (Para 1) |
| 2. issuance of notice to respondents (Para 2) |
| 3. procedural directions for the case (Para 3 , 4 , 5) |
JUDGMENT
Arindam Lodh, J. - Heard Mr. S. S. Debnath, learned counsel appearing for the petitioner. Also heard Mr. Tanmay Debbarma, learned counsel appearing on behalf of the respondents.
2. Let a notice be issued calling upon the respondents to show cause as to why a rule should not be issued as prayed for; and/or as to why such further order/s should not be passed as to this court may seem fit and proper.
3. Notice is made returnable within 6(six) weeks.
4. Since all the respondents have already entered their appearance, no formal notice is called for.
5. List the matter on 23.02.2023. In the meantime, the respondents may file their counter affidavits, if they so desire.
