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IN THE HIGH COURT OF TRIPURA

AGARTALA
CASE NO. W.A. _____ of 2022
W.P.(C) No. 109 /2023 (DISPOSED OF)
The State of Tripura& Ors ..……… Appellants.
-Versus-
Dr. Hamari Debbarma …Respondent.

INDEX
Sl.No. Particulars Page
01. IA along with & Condonation
Petition
02. Forwarding Letter

(Nikita Chakma Saha)

Advocate
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IN THE HIGH COURT OF TRIPURA

AGARTALA
CATEGORY CODE CATEGORY OF CASES

CASE NO. W.A. _____ of 2023

W.P.(C) No. 109 /2023 (DISPOSED OF)

To
The Hon’ble Mr. Aparesh Kumar Singh

The Hon’ble Chief Justice of the Hon’ble High Court of

Tripura.

AND

His Hon’ble Companion Judges of the said Hon’ble High

Court

AND

IN THE MATTER OF:-

1. The State of Tripura, represented by the Secretary, Health

and Family Welfare Department, Government of Tripura,
New Capital Complex, P.O –secretariat, Agartala, Pin-
799010.
2. The Director Health and Family welfare Department,
Govt. of Tripura, Nehru Complex, P.O Kunjaban Agartala
799006.
3. The Tripura Public Service Commission, Agartala, Tripura
West PIN:799006
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……….. Appellants
(Respondents No. 1- 3 in writ petition)

Versus

1. Dr. Himari Debbarma D/O Late Chhabi Charan Debbarma

Resident Of Supari Bagan, Krishna Nagar Agartala Tripura
West Pin-799001.

…………Respondents.
(Petitioner in writ petition)

IN THE MATTER OF:-

An application under Article 226 of the Constitution of

India read with Section 5 Of the Limitation Act !963 for
condoning delay of ____ days in preferring the Memorandum of
Appeal before the Hon’ble High Court against the impugned
Order dated 10.03.2023passed in WP(C) No. 109 of 2023 by the
learned Single Judge .

In WP(C) 109 of 2023

1. Dr. Himari Debbarma D/O Late Chhabi Charan Debbarma
Resident Of Supari Bagan, Krishna Nagar Agartala Tripura
West Pin-799001

……….Petitioners in Writ Petition.

Versus
1. 1. The State of Tripura, represented by the Secretary,
health and family welfare Department, Government of
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Tripura, New Capital Complex, P.O –secretariat, Agartala,

Pin- 799010.
2. The Director Health and Family welfare Department,
Govt. of Tripura, Nehru Complex, P.O Kunjaban Agartala
799006.
3. The Tripura Public Service Commission, Agartala, Tripura
West PIN:799006
(Respondents No. 1-3 in writ petition)
.
The Appellants above named most respectfully submit as
follows:-
1. That, the Appellant–petitioner above named intend to file
an appeal against the impugned common Judgment & Order
dated 10.03.2023 passed in WP(C) No. 109 of 2023 but the said
appeal could not be filed within the period of limitation.
2. That, after delivery of the said Order dated 10.03.2023
passed by Ld. Single Judge, Hon’ble High Court Of Tripura
application for certified copy was applied on 13..03.2023 and
certified copy was delivered on 15.03.2023 So, the appellants
were delay by ___ days in filing the appeal excluding the period
of limitation one month.
3. That, after receiving the website copy of judgment, the
Department exchanges opinion from the Concern Department for
which a considerable time has been passed.
4. That, after sending the note on ……………, the
administrative Department collected certified copy and runs for
opinion from the authorities. The file accordingly reaches to the
office of the Govt. Advocate.
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The office of the Govt. Advocate was busy with other

works, unable to prepare the draft and other miscellaneous
petitions in time and finally prepare and sent for approval from
the concern Department by which a delay of ___ days occurred,
which in beyond the control of the appellant petitioners.
5. That, the connected appeal is meritorious one and unless
the delay be condoned the appellant petitioner will be seriously
prejudiced.
6. That, the delay was unintentional and were spent in
making opinions, decisions, deliberations at various
administrative level and preparation of the memo of appeal.
7. That, the petition is bonafide.
8. That, the rest would be submitted orally at the time of
hearing.
It is, therefore, most humbly prayed that Your Lordships
would graciously be pleased to condone the delay of ___ days in
filing the appeal.
AND
For this act of kindness your Appellant-petitioners as in
duty bound shall ever pray.
Affidavit follows...
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IN THE HIGH COURT OF TRIPURA

AGARTALA
CASE NO. W.A. _____ of 2023
W.P.(C) No. 109/2023 (DISPOSED OF)

The State of Tripura& Ors ..……… Appellants.

-Versus-
Dr. Hamari Debbarma …Respondent.
A F F I D A V I T

I, Smti. Anima Debbarma, W/o. Sri Kinkar Chandra Laskar,

Resident of Ujan Abhoynagar, P.O. Abhoynagar, P.S. East
Agartala, District- West Tripura, aged about 59 years,
by occupation Govt. Service and a citizen of India do hereby
solemnly affirm and declare as follows :-

1. That, I am holding the post of ……………. to the

Government of Tripura in the School Education Department and
as such I am competent to represent the appellant No.2 of the
writ petition. I am further authorized by appellants No.1 & 3 to
affirm this affidavit on their behalf. Accordingly, I am affirming
this affidavit for appellants No.1 to 3 of the Condonation petition
under examination.
3. That the statement made in paragraph ___to __ are true to my
knowledge and paragraphs __ to __ of the connected petition are
true to my knowledge and information as gathered from the
relevant records maintained by the respondents which I verily
believe to be true and nothing has been concealed or suppressed
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by me and rest are my humble submission before this Hon’ble

Court.
In acknowledgement, whereof I swear and sign the
verification of this affidavit before the Commissioner of
Affidavit, High Court, Tripura, Agartala on this _____ day of
May, 2023.

The deponent is identified by me DEPONENT

____________________
(Nikita Chakma Saha)
Advocate