RAJU GHOSH Vs STATE OF TRIPURA .
Bench: SURINDER SINGH NIJJAR,M.Y. EQBAL
Case number: C.A. No.-023286-023286 / 2012
Diary number: 24050 / 2012
Advocates: Vs
GOPAL SINGH
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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
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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
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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.