Calcutta High Court (Appellete Side)
Md. Siddique & Anr vs The State Of West Bengal & Ors on 3 February, 2015
Author: Tapen Sen
Bench: Tapen Sen
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03/2/2015
ARDR
WPLRT 5 of 2015
Md. Siddique & Anr.
Vs.
The State of West Bengal & Ors.
Mr. Kallol Basu,
Mr. Bratin Kumar Dey,
...for the Petitioners.
Mr. Debayan Bera,
Mr. Sakti Prasad Chakraborty,
Mr. Satya Narayan Shaw,
...for the Respondent no.5.
Mr. Rajdeep Bhattacharjee, ...for the Respondent nos. 4 to 7.
Mr. Lalit Mohan Mahata, ...for the State.
Affidavit of service is taken on record. Heard Mr. Kallol Basu, learned Counsel for the Petitioners; Mr. Lalit Mohan Mahata, learned Counsel for the State; Mr. Debayan Bera, learned Counsel for the Respondent no.3 and Mr. Rajdeep Bhattacharjee, learned Counsel for the Respondent nos. 4 to 7.
The prayers made in this Writ Petition are two fold - firstly, for a direction upon the learned West Bengal Land Reforms and Tenancy Tribunal to hear out O. A. no. 4282 of 2014 (LRTT) earlier than the date fixed i.e. 10/5/2015 and secondly, for a direction upon the Thika Controller, Kolkata not to proceed with Miscellaneous Case no. 37 of 2012 till disposal of the aforementioned O. A. no. 4282 of 2014. 2 The Petitioners have themselves stated in paragraph 26 that if the learned Thika Controller would have heard the matter on 29/1/2015 before disposal of O. A. no. 4282 of 2014 (LRTT), the right of the Petitioners would have stood prejudiced. However, upon asking, the learned Counsel for the Petitioners has very fairly stated that the learned Thika Controller did not pass any Order on 29/1/2015 and actually adjourned the matter.
Under the circumstances and without in any way interfering with the day to day administration of the learned West Bengal Land Reforms and Tenancy Tribunal, we dispose of this Writ Petition by consent of parties by passing the following orders:-
a) Liberty is given to the Petitioners to file an appropriate application before the learned West Bengal Land Reforms and Tenancy Tribunal to hear out the aforementioned O. A. no. 4282 of 2014 before 10/5/2015 and we leave it to the discretion of the said learned Tribunal to pass such Orders keeping in mind their own roster and convenience;
b) We further give liberty to the Petitioners to file an appropriate application before the learned Thika Controller, Kolkata praying for keeping Miscellaneous Case no. 3/7 of 2012 in abeyance till disposal of O. A. no.
4282 of 2014, pending before the learned Tribunal. Considering the facts and circumstances involved, we feel that the learned Thika Controller, Kolkata will not refuse such a prayer.
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Let it be recorded that the consent given by the learned Counsel for the parties is only for disposal of this Writ Petition at this stage and not on the directions that we have made.
With the aforesaid observations, we dispose of this Writ Petition. The same stands Disposed of.
If urgent certified copy of this Order, duly photocopied, is applied for by the parties, the same should be given expeditiously.
(Tapen Sen, J.) (Ashis Kumar Chakraborty,J.)