Calcutta High Court (Appellete Side)
Their vs Unknown on 17 August, 2011
Author: Pratap Kumar Ray
Bench: Pratap Kumar Ray
17.8.2011. W.P.L.R.T. No. 729 of 2007
With
O.A. No. 2410 of 2004
Mr. Ramapati Roy
Ms. Miru Hajra
.. for the petitioners.
Mr. Satyajit Mondal
Mr. Suranjan Mondal
.. for the added respondents.
Mr. Lalit Mohon Mahato
.. for the State.
Re: C.A.N. No. 1275 of 2008
Heard learned Advocates appearing for the parties.
This application for addition of parties has been filed by
24 persons claiming their interests over the land. These persons
filed similar applications for addition of parties before the West
Bengal Land Reforms and Tenancy Tribunal in connection with
Original Application No. 2410 of 2004 (LRTT) which was
registered as M.A. 107 of 2006 and by the order dated 12th
July, 2006 they were added as party respondents in the original
application. This Court directed production of records of
Tribunal. The order dated 12th July, 2006 from the record of
Tribunal reads such:-
"12.07.06. Heard both sides.
In the instant M.A. No. 107/06, 24 numbers of
petitioners pray for addition of party in O.A. No. 2410/04
(LRTT) where the order dated 12.07.04 passed by DL &
LRO/Collector as appellate authority u/s 54 of the WBLR
Act wherein the ld. Appellate Authority confirmed the
finding of the ld. Lower Court. Ld. Advocate for the
applicant submits that they have been occupying the
vested land and their prayer for long term lease is under
consideration by the authority concerned and the
2
authority concerned being BL & LRO, Tufanganj-I directed
them to deposit "selami' damaged fee etc. to the
Government in accordanc4 with law in the matter of their
long term lease over the suit plot.
Ld. Advocate for the applicant vehemently opposes
this M.A. for adding of parties.
Having considered the submission made and on
perusal of the averments, we are of the view that the
interests of the petitioners in M.A. 107/06 is very much
involved over the subject plot. Hence their prayer of
addition of party is considered and allowed.
Let the petitioners in M.A. 107/06 be included in
the cause title of O.A. 2410/04 (LRTT) as respondents.
The applicant is directed to take steps for causing
service upon the added respondents.
In this term, M.A. 107/06 (LRTT) is disposed of.
Let the matter appear in the list for hearing on
30.7.06.
.........
As prayer for by the ld. Advocate for the applicants, the hearing of the matter stands adjourned to enable his to cause service upon the respondents.
Let the matter appear in the list for Application on 12.07.2006."
Though there was an order for addition of party and direction to the concerned registry of learned Tribunal below to incorporate names in the cause title as party respondents, but in the original application it was not done. Petitioners though were aware of the order dated 12th July, 2006, did not add those persons as party respondents in this writ application.
Having regard to such state of affairs, we are of the view that this application should be allowed by adding them as party respondents in this writ application. 3
Registry is directed to incorporate names in the cause title of the writ application.
Let two copies of writ application be served to the added respondents through learned Advocate-on-Record, Shri Suranjan Mondal by Monday.
Let affidavit-in-opposition be filed by two weeks from date, reply, if any, by one week thereafter and the matter will appear in the list four weeks hence for hearing.
Let informal paper book be filed and copy be served. Application for addition of parties is allowed.
(Pratap Kumar Ray, J.) (Md. Abdul Ghani, J.) sks.