Calcutta High Court (Appellete Side)
Manjushree Debi vs The State Of West Bengal & Ors on 6 May, 2015
Author: Tapen Sen
Bench: Tapen Sen
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06/05/2015
(4) Ct. no.34
ARDR
WPLRT 77 of 2015
Manjushree Debi
Vs.
The State of West Bengal & Ors.
Mr. Pradip Kumar Mondal,
Md. Kutubuddin,
...for the Petitioner.
Mr. Pranab Kumar Dutta,
Mr. Supratim Dhar,
...for the State.
Affidavit of service is taken on record.
It appears that for the selfsame reliefs, which the
Petitioner has sought for in O. A. No. 923 of 2015 (LRTT), she
had earlier moved the same Tribunal vide O. A. no. 2188 of
2012 (LRTT). The Order passed in that application has been
brought on record at running page 57 of the Writ Petition
showing that on 12/3/2013, the said O. A. no. 2188 of 2012
(LRTT) was disposed of by directing the B.L & L.R.O., Murarai -
II in the District of Birbhum to conclude the proceedings, which
was made Annexure 'C' to the said O. A. within a period of three
months from the date of communication of the order, if not
already concluded, after hearing the interested parties and by
passing a reasoned order in accordance with law.
The Petitioner has stated that thereafter this order was
brought to the notice of the concerned B.L. & L.R.O. who fixed
the date for hearing on 11/4/2013 and a hearing also took
place.
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However, the Petitioner has further stated that thereafter,
in spite of Petitioner meeting the concerned authority on several
times with applications, nothing was done nor any order was
passed and therefore, on 30/1/2014 (Annexure P-7 to this Writ
Petition), the Petitioner sent and/or filed a letter addressed to
the said B.L. & L.R.O. praying for certified copy of the order that
may have been passed on 11/4/2013 as a consequence of the
hearing having taken place.
The Petitioner has a grievance that in spite thereof, the
concerned B.L.& L.R.O. did not do anything in the matter and
therefore, filed the second O. A. no. 923 of 2015 (LRTT) on
18/3/2015. In paragraph 19 the Petitioner has stated that that
matter has been fixed on 30/9/2015 and the urgency is that the
Respondents are going to settle the land and hand over
possession to other persons.
It is in the background of such facts and circumstances that the Petitioner has now come to us with a prayer that the learned Tribunal be directed to dispose of the matter at an early date and also for an appropriate Writ commanding upon the concerned authorities to correct the record of rights on the basis of the judgment and decree passed in Title Suit no. 197 of 1967.
Since the learned Tribunal had already directed the B.L.& L.R.O. to do the needful in terms of that order, we are surprised to note that the said authority is alleged not to have taken any action even thereafter. However, we have not been informed nor is the State Government equipped with any instruction to the effect as to whether the concerned B.L. & L.R.O. has passed any 3 order or not and under these circumstances we pass the following order :-
The Petitioner will withdraw O. A. no. 923 of 2015 (LRTT) pending before the learned West Bengal Land Reforms and Tenancy Tribunal.
Simultaneously, the Petitioner is given liberty to file an appropriate application before the Land Tribunal under the provisions of Section 15 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 and if the learned Tribunal, upon notice to the concerned B.L. & L.R.O. and upon perusing any explanation that may be furnished by him, is satisfied that the said Officer has actually not done anything in the matter, then the learned Land Tribunal will proceed in accordance with law under the provisions of Section 15, referred to above. If however, the learned Tribunal comes to the conclusion that the order, passed in the earlier application, has been complied with, then in that event, it will drop the matter.
Lastly, and before concluding, we must point out that even, at this stage, we give one last opportunity to the concerned B.L. & L.R.O. to do the needful within three weeks from the date of receipt of a copy of this Order and as a consequence the Petitioner is given liberty to serve a copy of this Order upon the concerned B.L. & L.R.O. immediately.
With the aforesaid observations and directions, this Writ Petition stands Disposed of.4
Since, we have disposed of this matter at the admission stage for the reasons stated above and by consent of the parties, we therefore, did not consider it necessary to call for Affidavits and therefore, if any allegations have been made, the same will be deemed to have not been admitted by any of the Respondents.
Urgent photostat certified copy of this Order, if applied for by the parties, be given expeditiously.
(Tapen Sen, J.) (Siddhartha Chattopadhyay, J.)