Calcutta High Court (Appellete Side)
Sk. Ajijur Rahaman vs State Of West Bengal & Ors on 2 July, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon'ble Justice Jyotirmay Bhattacharya
AND
The Hon'ble Justice Ishan Chandra Das
W.P.L.R.T. 186 of 2014
Sk. Ajijur Rahaman
versus
State of West Bengal & Ors.
For the Petitioner : Mr. Nibaran Kumar Das.
For the State-Respondents : Mr. Lalit Mohan Mahata,
Mr. Prasanta Behari Mahata.
For the Respondent No.6(a) : Sk. Anwar Ali,
Mr. Amitesh Chakraborty.
Judgement On : 02-07-2014.
Jyotirmay Bhattacharya, J. : Challenging the legality of the order passed by
the appellate authority on 1st January, 2008 in Purba Medinipore Appeal Case
No. 19 of 2001 in connection with a proceeding for Restoration of Alienated Land
Act, a tribunal application was filed by the petitioner before the West Bengal
Land Reforms and Tenancy Tribunal, First Bench. The said tribunal application
which was registered as Case No. O.A. 2021 of 2008 (LRTT) was dismissed by the
Learned Tribunal by holding, inter alia, that the said tribunal application is a
misconceived one as the tribunal has no jurisdiction to pass any order to stop
nefarious activity of the respondents in the land in question.
The legality and/or validity of the said order passed by the Learned
Tribunal on 4th February, 2009 in Case No. O.A. 2021 of 2008 (LRTT) is under
challenge before us in this writ petition.
Heard the learned counsel appearing for the parties. Considered the
materials on record.
On perusal of the tribunal application, we find that the order of the
appellate authority passed on 1st January, 2008 in Appeal Case No. 19 of 2001
was challenged by the petitioner before the Learned Tribunal. Nefarious activity
of the respondents was not pleaded in the said tribunal application. With due
respect to the Tribunal, we hold that the Learned Tribunal passed the impugned
order without appreciating the real issue raised in the tribunal application. The
impugned order thus stands set aside.
The tribunal application being O.A. No. 2021 of 2008 (LRTT) is sent back to
the Learned Tribunal on remand for fresh consideration of the tribunal
application on merit. The Learned Tribunal is requested to dispose of the said
tribunal application as early as possible preferably by the end of October 2014
without causing any further delay.
The writ petition is, thus, disposed of.
Let the affidavit-of-service filed in Court today, be kept with the record.
Urgent photostat certified copy of this order, if applied for, be furnished to
the applicant as early as possible.
(JYOTIRMAY BHATTACHARYA, J.)
Ishan Chandra Das, J. :
I agree.
( ISHAN CHANDRA DAS, J. ) dc.