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Calcutta High Court (Appellete Side)

Shri Tarakeswar Palit & Ors vs The State Of West Bengal & Ors on 6 June, 2018

Author: Debasish Kar Gupta

Bench: Debasish Kar Gupta

                                  1



06.06.2018

.

Item no. 78.

Court No. 19

ap W.P.L.R.T. No. 23 of 2018 Shri Tarakeswar Palit & Ors.

Versus The State of West Bengal & Ors. Mr. Ashim Kumar Routh.

...For the Petitioners.

Mr. Soumitra Bandopadhyay, Mr. Aniruddha Sen.

...For the State.

This writ application is filed by the petitioners for a direction upon the West Bengal Land Reforms and Tenancy Tribunal to dispose of the original application bearing O.A. No. 3382 of 2007 (LRTT).

Having heard the learned Advocate appearing on behalf of the respective parties as also after considering the facts and circumstances of this case, we find that as back as in the year 2013, the learned Tribunal by an order dated March 18, 2013 passed in W.P.L.R.T. No. 27 of 2013 was directed to dispose of the above original application at an early date. 2 The above order is quoted below:

"It appears that both the State and the applicant were equally to blame for the delay, which has taken place. We do not find that it is the learned Tribunal who can be said to have delayed the matter.
Therefore, the writ petition is disposed of with the observation that the learned Tribunal shall try to dispose of the matter at an early date. In case parties are found lagging behind, they shall pass an appropriate ex parte order and dispose of the matter.
Let urgent Xerox certified copy of this order, if applied for, be given to the learned Advocates for the parties upon compliance of all usual formalities."

It is a matter of surprise that in spite of the above order the above original application is still pending.

In view of the above, we direct the learned Tribunal to dispose of the above matter expeditiously, preferably within a period of six months from the date of communication of this order, without granting any unnecessary adjournments to either of the parties.

3

Accordingly, this writ petition stands disposed of.

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

Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible on compliance of all necessary formalities.

(Debasish Kar Gupta, J.) (Shampa Sarkar, J.)