Page 1

1

IN THE SUPREME COURT OF INDIA

CIVIL  APPELLATE JURISDICTION  

CIVIL APPEAL NO. 801   OF 2013

(Arising out of SLP(C) No.23286/2012)

RAJU GHOSH & ORS.                          Appellant(s)

                    :VERSUS:

STATE OF TRIPURA & ORS.                    Respondent(s)

O R D E R

Leave granted.

Heard the learned counsel for the parties at  

length.  

Application  for  deletion  of  the  names  of  

Respondent Nos.4 to 8 is allowed.  

This appeal, by special leave, has been filed  

against the interim order dated 3.7.2012 passed by  

the  Gauhati  High  Court,  Agartala  Bench  in  Writ  

Appeal No.23 of 2012.  At the time of issuing notice  

in the special leave petition, this Court had stayed  

the operation of the impugned order passed by the  

High Court.   

It is brought to our notice by Mr. Jaideep  

Gupta,  learned  senior  counsel  appearing  for  the  

State of Tripura that the elections are due to be

Page 2

2

held in February, 2013. There is acute shortage of  

police  personnel  in  the  State  of  Tripura.  

Therefore, it is necessary that the proceedings in  

this matter  are finalized  with utmost  expedition.  

The aforesaid position is not disputed by Mr. Rana  

Mukherjee,  learned  counsel  appearing  for  the  

appellants, who, in fact, submitted that his clients  

had not sought any adjournment before the High Court  

and they are ready and willing to go ahead with the  

hearing of the writ appeal.  

We are of the opinion that it would be in the  

interest of justice if the High Court takes up the  

hearing of the  appeal on priority basis so that the  

State is not deprived of the services of the police  

personnel,  who  would  be  required  at  the  time  of  

elections. We, therefore, dispose of this appeal by  

requesting the High Court to decide the appeal (Writ  

Appeal  No.23/2012),  if  possible,  by  the  7th of  

February, 2013.   

In view of the above, the order passed by the  

Division Bench of the High Court is set aside and  

the appeal is allowed to that extent.  

We make it clear that we have disposed of  

this  appeal  without  going  into the merits of the

Page 3

3

issues involved. Although we have set aide the order  

passed by the Division Bench of the High Court, we  

make it clear that the order of the learned Single  

Judge also shall not be given effect to till the  

decision of the appeal by the High Court.  

Let  a  copy  of  this  order  be  sent  to  the  

Registrar General of the Gauhati High Court, Tripura  

Bench, today itself.  

.........................J (SURINDER SINGH NIJJAR)

...........................J (M.Y. EQBAL)

New Delhi; January 30, 2013.