Subhash Chakraborty vs State Of Tripura & Ors

Biswajit Palit, J

Heard Learned Counsel, Mr. S. Lodh appearing on behalf of the applicant-petitioner and also heard Learned Addl. G.A., Mr. D. Sarma appearing on behalf of the State-respondents.

At the time of hearing, Learned Counsel for the applicant-petitioner submitted that the present petitioner- applicant filed one writ before this Court which has been numbered as W.P.(C) No.95 of 2026 and along with the same writ petition one interim application was filed which was numbered as I.A. No.01 of 2026. This Court after hearing both the parties, by an order dated 23.02.2026 directed respondent Nos.3 and 4 not to discharge their functions as Appellate Tribunal under Real Estate (Regulation and Development) Act, 2016. In the meantime, according to Learned Counsel, Tripura Real Estate Regulatory Authority (TRERA) passed two orders on 17.04.2025 against the present applicant and challenging both the orders the applicant filed two appeals before the Real Estate Tribunal (Appellate Tribunal) and the said appeals were registered as Appeal No.01 of 2025 and Appeal No.02 of 2025. But as the Appellate Authority is not functioning, so, no order could be adjudicated by the Appellate Authority against the order dated 17.04.2025 passed by TRERA. In the meantime, the complainant of those cases filed two execution petitions against the applicant before TRERA and the same were registered as Execution case No.03 of 2025 and Execution case No.02 of 2025.

Learned Counsel further submitted that as there is no Appellate forum, so, the present applicant could not obtain any stay order against the order dated 17.04.2025 from the Appellate Authority. Now, he is facing execution proceeding and as such the petitioner-applicant has prayed before this Court for staying execution of the said order dated 17.04.2025 passed by the TRERA Authority.

Learned Additional G.A., Mr. D. Sarma appeared on instruction and submitted that before the TRERA the present applicant remained absent in the Execution proceedings which were filed by the decree holder, Sri Sankar Ranjan Adhya and Smt. Namita Paul. So, according to Learned Additional G.A. the present applicant is not entitled to get any relief.

Heard both the sides.

It is the settled position of law that appeal is a statutory right of a person. Admittedly, the present applicant preferred appeal challenging the order dated 17.04.2025 passed by the RERA Authority but as Appellate Tribunal is not functioning, so, it is quite natural that no effective order could be passed on the appeal filed by the present applicant and at the same time, without impleading the original decree holder-complainant, it would not be prudent to stay the order dated 17.04.2025 passed by the RERA Authority. So, the said complainant/DH, Namital Paul and Sankar Ranjan Adhya is sou moto impleaded in this I.A. as respondents.

The petitioner-applicant is to take step for service of notice upon the said newly added respondents within three days both by normal process and by registered A/D post.

List the matter on 22.05.2026.

However, till next date the operation of the order dated 17.04.2025 passed by RERA shall be kept in abeyance/suspended.

Supply a copy of this order to Learned Additional G.A. for the respondent-O.P. in course of the day for compliance. Also a copy of this order be supplied to Learned Counsel, Mr. S. Lodh for information and necessary action.