RASHIK CH. DEB BARMA Vs. GOVERNMENT OF TRIPURA
LAWS(GAU)-1975-3-2
HIGH COURT OF GAUHATI (AT: AGARTALA)
Decided on March 21,1975

Rashik Ch. Deb Barma Appellant
VERSUS
Government Of Tripura Respondents

JUDGEMENT

B.N.SARMA,J. - (1.) THIS is an application under Article 226 of the Constitution of India by Shri Kumar Rasik Chandra Deb Barma a resident and rate payer of Agartala Municipality praying for an appropriate writ quashing the order of the Chief Commissioner, Tripura, dated 25th day of April, 1955 superseding the Commissioners of the Agartala Municipality under Section 292 of the Tripura Municipal Act (since repealed and hereinafter called the Tripura Act) read with para 5 of the Tripura (Administration) Order 1949 for a period of one year and the subsequent orders extending the said supersession order under Section 293 of the Tripura Act till 1961 and thereafter under Section 554 of the Bengal Municipal Act, 1932 (hereinafter called the Bengal Act), which was extended to Tripura, and also the notice of demand, dated 22-6-1972 issued to the petitioner by the Administrator under Section 155 of the Bengal Act requiring him to pay a sum of Rs. 5476.96 p. (Annexure S) within a period of one month. The petitioner has further prayed for a writ of the nature of quo warranto for removal of the Administrator of the Agartala Municipality from his Office.
(2.) THE facts leading to the writ petition in brief, are as below: The Tripura State Municipal Act was in force in Tripura till 15th August, 1961. In April, 1955 all the elected Municipal Commissioners having tendered their resignation the charge of Agartala Municipality was handed over to the then State Government, on 24-4-55. On the following day i.e. on the 25th day of April, 1955 the then Chief Commissioner issued an order (Annexure A) superseding the Commissioners of the Agartala Municipality under Section 292 of the Tripura Act read with para 5 of the Tripura (Administration) Order 1959 for a period of one year pending fresh election on the ground that a grave emergency arose due to the resignation of the Commissioners en bloc and appointed the District Magistrate, Tripura as Administrator of the said Municipality. Since then, year after year, the Chief Commissioner extended this order of supersession by issuing orders under Section 293 of the Tripura Municipal Act till 1961. After the Tripura Act was repealed and the Bengal Municipal Act (Bengal Act XV of 1932) was extended to Tripura on the 15th August, 1961, the said supersession order was similarly extended from year to year by orders issued under Section 554 of the Bengal Act. The order dated 22-4-65 extending the order of supersession for a period of one year expired on 24-4-66 but no order of extension was passed before its expiry. On 29-4-66 the Commissioner, however, issued an order purported to be under Section 554 of the Bengal Act, extending the previous order of supersession with retrospective effect from 24-4-66. Since then the order of supersession has again been extended from year to year under the aforesaid section, till now.
(3.) THE present Administrator Shri Manik Lal Ganguly was appointed as Administrator by the orders dated 20-4-71 (Annexure Q) and dated 24-4-72 (Annexure R) issued by the Lt. Governor, and the Governor, respectively, of Tripura. He issued a demand notice to the petitioner on 22-6-72 (Annexure S), under Section 155 (4) of the Bengal Act requiring him to pay Rs. 5476.96 p. being his dues to the Municipality for several years from 1955-56 to 1972. This notice was issued under certificate of posting. On receipt of this notice the petitioner came and obtained the present rule.;


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