Calcutta High Court (Appellete Side)
4143W/2013 on 10 April, 2013
Author: Dipankar Datta
Bench: Dipankar Datta
1
10.04.2013
Item No.93
SB
W.P. 4143 (W) of 2013
Mr. S. Seth...........for the petitioners.
Mr. A. K. Maiti .........for the State.
Smt. S. Mukherjee,
Mr. D. Mukherjee.........for the respondents 2 to 7.
Mr. H. Bhattacharyya........for the private respondents. The Thika Controller, while hearing an application filed by the private respondents for issuance of no objection, by his order dated 26.07.2011 held a particular deed dated 20.04.2005 to have been executed in contravention of Section 4 of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, and its sub-sections and, therefore, illegal and void. A direction was issued to the effect that the Additional District Sub-Registrar, Howrah ought to cancel the said deed and the Howrah Municipal Corporation was requested not to mutate the plot in question in favour of the private respondents on the basis of the said deed.
The petitioner in this writ petition alleges non-compliance of such order passed by the Thika Controller.
Mr. Bhattacharyya, learned advocate for the private respondents, submits that the order of the Thika Controller is the subject matter of challenge in an application before the West Bengal Land Reforms 2 Tenancy Tribunal vide O.A. No. 46 of 2012 (LRTT) and, therefore, the same cannot be said to have attained finality.
Mr. Maiti, learned advocate for the State submits that there is no provision in law to cancel a particular deed. According to him, the Thika Controller had declared the deed to be void and, therefore, it is inoperative and no direction as claimed ought to be made. I am of the view that since the order of the Thika Controller is under challenge before the tribunal, no order on this writ petition is warranted. The petitioner shall be entitled to exercise his right according to law, should the tribunal uphold the order of the Thika Controller. The writ petition stands disposed of, without costs. Urgent photostat certified copy of this order, if applied for, be furnished to the parties as early as possible.
(DIPANKAR DATTA, J.)