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[Cites 2, Cited by 1]

Calcutta High Court (Appellete Side)

Sri Sri Raghunath Jew Thakur vs State Of West Bengal & Ors on 5 September, 2016

Author: Debasish Kar Gupta

Bench: Debasish Kar Gupta

05.09.2016
 srm
                                        W.P.L.R.T. No. 75 of 2016

                                      Sri Sri Raghunath Jew Thakur

                                                  Versus

                                       State of West Bengal & Ors.


                   Mr. Sanatan Manna
                                                                           ...for the Petitioner.

                   Mr. Pranab Kumar Datt,
                   Mr. Tulsi Das Roy
                                                                                ...for the State.
                   Mr. Kamalesh Bhattacharya,
                   Mr. Sujit Kumar Rath
                                                                    ...for the Respondent No.4.

This is an application filed under Article 226 of the Constitution of India assailing a final order dated March 17, 2016 passed by the West Bengal Land Reforms and Tenancy Tribunal, Second Bench in O.A. No.2612/15(LRTT). By virtue of the impugned order, the learned Tribunal disposed of the original application of the writ petitioner as premature one with liberty to all concerned to contest the matter before the respondent No.3 in Misc. Case No.19/2015.

Having heard the learned Counsel appearing for the respective parties as also after considering the facts and circumstances of this case, we find that the subject matter of challenge in the original application was a notice issued by the respondent No.3 in connection with a proceeding initiated under Section 57 of the West Bengal Land Reforms Act, 1955 in connection with a representation of the respondent No.4. The date of hearing was fixed by the respondent No.3 on July 30, 2015.

According to the submissions made on behalf of the respondent No.4, adjournments have been prayed for by the writ petitioner before the respondent No.3 on a number of occasions due to the pendency of the original application before the learned Tribunal, no order was passed by the respondent No.3 in connection with the representation of the respondent No.4.

We do not find any infirmity or irregularity in the order impugned in view of the fact that the petitioner is at liberty to make his submissions before the respondent No.3 in connection with the above represenation of the respondent No.4.

This writ application is, therefore, dismissed.

There will be, however, no order as to costs.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, subject to compliance with all necessary formalities.

( Debasish Kar Gupta, J. ) (Md. Mumtaz Khan, J.)