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2025 Supreme(Online)(Gau) 13336

TRIPURA HIGH COURT
, J
Gautam Kumar Das v. State of Tripura
W. P. (C) No. 719 of 2024



Advocates:
For the Appellants/Petitioners: Mr. S. Bhattacharjee
For the Respondents: Mr. K. De

The petitioner must demonstrate a legitimate right infringement to establish locus under Article 19(1)(g) for challenging statutory provisions.

Headnote:In an application concerning the issuance of new deed writer licenses, the petitioner challenged notifications alleging arbitrariness and non-compliance with statutory provisions under the Tripura Registration Amendment Rules. The court highlighted the lack of infringement of the petitioner's rights to due process under Article 19(1)(g) and found no merit in prohibiting the issuance of licenses as prescribed by Rule 126. The court dismissed the writ petition as devoid of merit, affirming the government’s discretion in the matter.

Table of Content
1. petitioner challenges issuance process of deed writer licenses. (Para 2 , 3)
2. counsel contests validity of respondent's actions and locus. (Para 4 , 5)
3. court's observations on rights and statutory provisions. (Para 6 , 7 , 8)
4. final verdict confirms the dismissal of the writ petition. (Para 9)

1. Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. K. De, learned Addl. G.A. appearing for the respondents - State.

2. The brief facts of the case is that by a notification dated 14.08.2024 respondent No.2 invited fresh application under Sadar Sub-Division for issuing new deed writer license. After that the petitioner submitted a representation to the respondents requesting to cancel the said notification as to the petitioner, the said notification is contrary to law. Thereafter, again the petitioner submitted a reminder to the respondents to set aside the entire process, but the respondents without paying any heed issued called letters upon the intending candidates. Finding no other alternative, the petitioner through his engaged counsel served legal notice upon the official respondents although the implementing authority issued deed writer license upon the intending candidates. At last, the respondents issued another notification dated 29.10.2024 for issuance of new deed writers license. Being aggrieved by this notification the petitioner herein approached this Hon'ble Court by seeking the following reliefs:
i. Issue RULE, calling upon the respondents and each one of them, to show cause as to why a Writ of Certiorari and / or in the nature thereof, shall not be issued, for calling for the records, lying with the respondents, for rendering substantial and conscionable justice to the petitioner, and for quashing / setting aside the impugned Notification dated 14.08.2024 (Annexure - 2 to the writ petition) for issuance of new Deed Writer License under Sadar Sub-Division, West Tripura, Agartala, thereby cancelling the selection of the respondent Nos. 8 to 21 in pursuant to the notification dated 14.08.2024, and also for quashing / setting aside the subsequent notification dated 29.10.2024 (Annexure - 10 to the writ petition), for issuance of new Deed Writer License for Sadar Sub-Division, West Tripura, Agartala;
ii. Issue RULE, calling upon the respondents and each one of them, to show cause as to why a Writ of Mandamus and / or in the nature thereof, shall not be issued, for mandating / directing the respondents to revoke / rescind the impugned Notification dated 14.08.2024 (Annexure - 2 to the writ petition) for issuance of new Deed Writer License under Sadar Sub-Division, West Tripura, Agartala, thereby cancelling the selection of the respondent Nos. 8 to 21 in pursuant to the notification dated 14.08.2024, and also for quashing / setting aside the subsequent impugned notification dated 29.10.2024 (Annexure - 10 to the writ petition), for issuance of new Deed Writer License for Sadar Sub-Division, West Tripura, Agartala and ;
iii. Call for the records, appertaining to this petition.
iv. After hearing the parties, be pleased to make the RULE absolute, in terms of i. and ii above.

3. Mr. S. Bhattacharjee, learned counsel appearing for the petitioner submits before this Court that respondent No.2 issued advertisement for issuance of the deed writer license in terms there is a provision of Tripura Registration (Amendment) R.126 which provides a deed writer can execute 300 nos. of deeds in a particular year. The contention of the petitioner is that there existing no. of deed writer are 49 and the number of deeds, which they are not in a position to execute are 300 Nos. deed and in addition thereto fresh deed writer license has been issued by the respondent No.2 without taking exercise of R.126 of Tripura Registration (Amendment) . Being aggrieved, the petitioner herein submitted representation and reminder but without paying any heed the call letters also issued by the respondents. S









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