Calcutta High Court (Appellete Side)
Narayan Saha @ Narayan Chandra Saha And ... vs The State Of West Bengal And Ors on 13 June, 2019
Author: Dipankar Datta
Bench: Dipankar Datta
1 13.6.2019
KC(CL467) W.P.L.R.T. 53 of 2019 Narayan Saha @ Narayan Chandra Saha and Ors.
-versus-
The State of West Bengal and Ors.
Mr. Ashim Kumar Roy...................For the petitioners. Mr. Soumitra Bandyopadhyay, Mr. Subhasish Bandyopadhyay......For the State.
This writ petition is directed against the judgment and order dated 20th July, 2018 passed by the West Bengal Land Reforms and Tenancy Tribunal (hereafter the tribunal) whereby the petitioners' original application, numbered as O.A. 811 of 2017 (LRTT), was disposed of with certain directions along with another original application, viz. O.A. 1664 of 2016 (LRTT).
Mr. Roy, learned advocate appearing for the petitioners has submitted that the points of fact and law involved in O.A. 811 of 2017 (LRTT) and 1664 of 2016 (LRTT) are similar and that is the reason for the tribunal to dispose of the same by a common judgment and order. He has also invited our attention to an order passed by a co-ordinate Bench on 24th January, 2019 in W.P.L.R.T. 116 of 2018, wherein the self-same judgment and order dated 20th July, 2018 disposing of O.A. 1664 of 2016 (LRTT) was under challenge. He has prayed for admission of this writ petition as well as for similar interim relief that was extended in favour of the petitioners in W.P.L.R.T. 116 of 2018.
2
Mr. Bandyopadhyay, learned Junior Government Advocate appearing for the State does not dispute the fact that the facts and circumstances of both the original applications were more or less similar.
In that view of the matter, we admit this writ petition and grant interim relief to the extent that further proceedings of Misc. Case no. 5 of 1997 shall remain stayed until further orders.
Let affidavit-in-opposition to the writ petition be filed by four weeks; reply thereto, if any, may be filed within two weeks thereafter.
The writ petition shall be treated as ready for hearing after completion of the period fixed above for exchange of affidavits and thereafter the parties shall be at liberty to mention the writ petition for its consideration.
(DIPANKAR DATTA, J.) (SAUGATA BHATTACHARYYA,J.)