Calcutta High Court (Appellete Side)
The State Of West Bengal & Ors vs Hirupada Saha & Ors on 12 September, 2019
1
12.09.2019
463
b.r
Crt.03
W.P.L.R.T. 100 of 2019
The State of West Bengal & Ors.
-vs-
Hirupada Saha & Ors..
Balai Bagdi & Ors.
......proforma Resps.
Mr. T.M. Siddiqui
...... for the petitioners.
Mr. Asim Kumar Roy
....... For the Respondent. No.1.
The State and four of its officers have questioned the common judgment and order dated 20th July, 2018 passed by the West Bengal Land Reforms and Tenancy Tribunal disposing of two original applications filed before it.
We are of the view that a single writ petition would not be maintainable to challenge disposal of two original applications, albeit by a common order.
Mr. Siddiqui, learned advocate appearing for the petitioners exercises option to challenge the order passed in OA 1664 of 2016 (LRTT), and seeks leave to file a fresh writ petition challenging the order disposing of OA 811 of 2017 (LRTT).
Leave, as prayed, is granted.
2This writ petition shall be treated as one challenging the order disposing of OA 1664 of 2016 (LRTT) only. The State and its officials may challenge the order disposing of OA 811 of 2018 (LRTT) in an appropriate proceedings, if so advised.
We find that the original applicant in OA No. 1664 of 2016 (LRTT) have invoked the writ jurisdiction of this Court by presenting WPLRT 116 of 2018 against the self-same order of disposal under challenge herein. Such writ petition has been admitted by a co-ordinate Bench on 24th January, 2019 and by way of an interim order, further proceedings of Misc. Case No. 5 of 1997 have been stayed until further orders. We are also informed that such writ petition has been listed in the Combined Monthly List of September, 2019 as Item No. 479.
Accordingly, we direct listing of this writ petition along with WPLRT 116 of 2018 in the Combined Monthly List of November, 2019.
The respondents in this writ petition may file their affidavit-in-opposition within ten days; reply thereto, if any, may be filed within a week thereafter.
Affidavit-of-Service filed in Court today be retained with the records.
( Saugata Bhattacharyya,J.) (Dipankar Datta, J.) 3