Section 9 in West Bengal Land Reforms and Tenancy Tribunal Act, 1997
9. Transfer of case records from High Court.
(1) All matters, proceedings, cases and appeals relating to land reforms and matters connected therewith or incidental thereto and other matters arising out of a specified Act pending before the High Court, except where a Division Bench of that Court exercises writ jurisdiction under Articles 226 and 227 of the Constitution, on the date appointed by the State Government under section 6, shall stand transferred to the Tribunal for disposal in accordance with the provisions of this Act.(2)Where any matter, proceeding, case or appeal stands transferred from the High Court to the Tribunal under sub-section (1),(a)the High Court shall, as soon as may be after such transfer, forward the records of such matter, proceeding, case or appeal to the Tribunal in accordance with such procedure as may be prescribed; and(b)the Tribunal shall, on receipt of such records, proceed to dispose of such matter, proceeding, case or appeal so far as may be, from the stage reached before such transfer or from any earlier stage or de novo as it may deem fit:Provided that any interim order granted in a matter, proceeding or case by the High Court shall stand vacated on the expiry or twelve weeks from the date appointed by the State Government under section 6 unless the Tribunal by an order varies, modifies or extends the same earlier on an examination of the records of such matter, proceeding or case.(3)(a)All proceedings pending before the Mines Tribunal appointed under section 36 of the West Bengal Estates Acquisition Act, 1953 on the date appointed by the State Government under section 6 of this Act, shall stand transferred to the Tribunal for disposal.(b)Upon such transfer, the records or such proceedings shall be forwarded to the Tribunal in accordance with such procedure as may be prescribed.
