Calcutta High Court (Appellete Side)
Rajesh Rajak & Ors vs The State Of West on 7 September, 2016
Author: Debasish Kar Gupta
Bench: Debasish Kar Gupta
1
6 7.9.16 W.P.L.R.T.88 of 2016
sn
RAJESH RAJAK & ORS. VS. THE STATE OF WEST
BENGAL & ORS.
Mr. Saptangshu Basu
Mr. N. Bhattacharjee
Mr. Sayan De
Ms. Paromita Roy
...for the petitioners
Mr. Chandi Charan De
Mr. S. Bandopadhyay
..for the State
Mr. Debasish Kundu
Mr. R.N. Barik
Ms. G. Guhathakurta
..for the respondent no.4
The subject matter of challenge in this writ application is the inaction on the part of the West Bengal Land Reforms & Tenancy Tribunal in taking up the original application of the petitioners bearing O.A. no.2538 of 2016(LRTT) Having heard the learned Counsel appearing for the respective parties as also after considering the fact and circumstances of this case, we find that a representation in respect of the correction of record of rights of the land in question was disposed of by the respondent no.3. The above order was under
challenge before the statutory appellate authority, namely, the respondent no.2. An application filed by the petitioners before the respondent no.2 with a prayer for their addition in the above statutory appeal was pending for a considerable period of time. Consequent thereupon, the petitioners filed one original application bearing no. O.A. 1821 of 2016 (LRTT) before the learned Tribunal which is still pending.
During the pendency of the above original application, according to the petitioners, the said appeal has been disposed of by the respondent no.2 2 keeping the above application for addition of parties of the petitioners is pending. As a result, the petitioners filed the original application bearing no. O.A. 2538 of 2016 (LRTT). According to the petitioners, the date of hearing of the original application has been fixed on February 17, 2017.
We are given to understand by Mr. Debasish Kundu, learned Advocate appearing for the respondent no.4, that the next date of the first original application bearing no. O.A. 1821 of 2016(LRTT) has already been fixed on September 26, 2016. According to Mr. Kundu, there is no bar and/or impediment for the learned Tribunal to take up the second application of the petitioners bearing no. O.A. 2538 of 2016 (LRTT) on the aforesaid date. Mr. Kundu does not admit any allegation made on behalf of the petitioners.
It is submitted by Mr. Chandi Charan De, learned Additional Government Pleader, High Court, Calcutta that in view of the above fact and circumstances, he will direct the respondent authorities not to proceed in the aforesaid matter till the aforesaid original applications of the petitioners are taken up by the learned Tribunal.
In view of the aforesaid fact and circumstances, liberty is granted to the petitioners to approach the learned Tribunal for fixing the date of hearing of the second original application no. 2538 of 2016(LRTT) along with their first original application bearing no. 1821 of 2016(LRTT) on September 26, 2016. In the event, such approach is made before the learned Tribunal, we direct the learned Tribunal to take up both the aforesaid applications on September 26, 2016 for consideration as also for passing necessary orders after hearing the rival parties.
We make it clear that we have not expressed our opinion with regard to the merits of this case as also with regard to the scope of grating interim relief in favour of the applicants and all points are kept open for consideration by the learned Tribunal.3
This writ application is thus disposed of.
There will be no order as to costs.
Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis.
(Debasish Kar Gupta, J.) (Md. Mumtaz Khan, J.) 4 5