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2023 Supreme(Tri) 29

HIGH COURT OF TRIPURA AGARTALA
Arindam Lodh, J.
Rajib Das & Anr. - Appellants
Versus
State of Tripura & Ors. - Respondents
Writ Petition (C) 49 of 2023
Decided On : 20-01-2023

Important Points

A representative's acceptance of notice nullifies the need for formal notice issuance in a writ petition.

Subject

Administrative Law - Writ Jurisdiction

Headnote

(A) Writ Petition

(C) 49 of 2023 - Notice to respondents - Rule to be issued if cause not shown by respondents - Respondents given three weeks to respond - Formal notice not needed due to acceptance by State's representative. (Paras 3 - 5)

Facts of the case:
The petitioners challenge the actions of the respondents seeking appropriate orders from the court.

Findings of Court:
The court ordered that the matter be listed again on 13.02.2023 for further proceedings.

Issues: The primary issue is whether to issue a Rule against the respondents in response to the petitioners' submission.

Ratio Decidendi: The court noted that acceptance of notice by the State representative negates the need for formal notice.

Result: Matter to be listed on 13.02.2023.

Advocates appeared:
A. Bhaumik, Advocate, D. Sarma, Advocate

Table of Content
1. introduction of the case and parties (Para 1)
2. hearing of the parties' submissions (Para 2)
3. issuance of notice and scheduling (Para 3 , 4 , 5)
4. next steps in the proceedings (Para 6)

JUDGMENT

Arindam Lodh, J. - Heard Mr. A. Bhaumik, learned counsel appearing for the petitioners.

2. Also heard Mr. D. Sarma, learned Addl. G.A. appearing for the State-respondents.

3. Issue notice calling upon the respondents to show cause as to why a Rule should not be issued as prayed for; and why such further or other orders shall not be passed as to this court may deem fit and proper.

4. Notice is made returnable within 3(three) weeks.

5. Since Mr. D. Sarma, learned Add.G.A. appears and accepts notice on behalf of all the respondents, no formal notice needs be issued to those respondents.

6. List the matter on 13.02.2023.

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