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Calcutta High Court (Appellete Side)

Sk. Abdul Rahaman vs The State Of West Bengal & Ors on 9 June, 2015

Author: Tapen Sen

Bench: Tapen Sen

                                                 1


09/06/2015
(9) Ct. no.34
  ARDR

                                       WPLRT 101 of 2015


                                     Sk. Abdul Rahaman
                                              Vs.
                                The State of West Bengal & Ors.


                Mr. Himadri Kr. Mahata,
                Mr. Gazi Faruque Hossain,
                                                ...for the Petitioner


                Mr. Chandi Charan De,
                                                      ...for the State.




                      After some arguments, Mr. Gazi Faruque Hossain, learned

                Counsel appearing for the Petitioner along with Mr. Himadri

                Kumar Mahata, learned Advocate-on-record, submitted that an

                appropriate direction be given upon the B.L. & L.R.O., Jamalpur

                (respondent    no.4)    to    conclude   the    proceedings   no.

3/7AA/Suo/2003 pending before it in accordance with law. He submits that for similar relief the Petitioner had filed O. A. no. 559 of 2013 (LRTT) which is also pending before the learned Tribunal. Learned Counsel submits that he is willing to withdraw the O.A. no.559 of 2013 (LRTT) so that the B.L. & L.R.O. can be directed to do the needful in terms of prayer (a) made in this Writ Petition.

We appreciate the submissions of the learned Counsel because no man can be allowed to pursue the remedies for the same cause of action before two forums one being the High Court and the other being the learned West Bengal Land Reforms and Tenancy Tribunal.

2

Under the circumstances, we give liberty to the Petitioner to withdraw the O. A. no. 559 of 2013 (LRTT) within two weeks from today. Once the said O.A. has been withdrawn, the Petitioner is given liberty to file a copy of this Order along with a copy of the Order showing withdrawal of O.A. no. 559 of 2013 (LRTT) before the B. L. & L.R.O. who will proceed to dispose of the pending proceedings before it as expeditiously as possible.

With the aforesaid observations and directions, this Writ Petition stands Disposed of.

(Tapen Sen, J.) (Sankar Acharyya, J.)