Calcutta High Court (Appellete Side)
Santanu Ghosh vs The State Of West Bengal & Ors on 22 August, 2019
1
450 22.8.19
Sc
W.P.L.R.T. 90 OF 2019
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Santanu Ghosh
-vs.-
The State of West Bengal & Ors.
Mr. Mrinal Kanti Ghosh ....For the Petitioner.
Mr. Chandi Charan De Mr. Anirban Sarkar.
....For the State.
The petitioner had approached the West Bengal Land Reforms and Tenancy Tribunal, First Bench by presenting O.A. 1811 of 2017 (LRTT). He sought for quashing of an order dated 10th April, 2017 passed by the Additional District Magistrate & District Land and Land Reforms Officer, South 24 - Parganas (hereafter the ADM & DLLRO), whereby a petition dated 17th November, 2015 was disposed of with the following order :
"Pursuant to the above mentioned subject and reference this is to inform him that his prayer cannot be entertained."
The subject referred to in the extract supra reads - "Correction of R-O-R U/S 44(2A) of W.B.E.A. Act, 1953 in favour of Santanu Ghosh."
By an order dated 25th June, 2019, the tribunal adjourned hearing of the original application till 21st May, 2020, while directing the Government representative to submit detailed status report.
Having regard to the fact that the order under challenge in O.A. 1811 of 2017 (LRTT) is an un-reasoned order, the tribunal, in our opinion, need not have adjourned hearing till 21st May, 2020. The ADM & DLLRO, having not indicated 2 any reason for concluding that the prayer as made in the petition dated 17th November, 2015 could not be entertained, on this short ground alone we set aside not only the order under challenge in O.A. 1811 of 2017 (LRTT) but also the order under challenge before us, i.e., 25th June, 2019.
This writ petition is disposed of by directing the ADM & DLLRO to consider the representation dated 17th November, 2015 in accordance with law and upon granting the petitioner an opportunity of hearing.
If the prayer cannot be granted, the ADM & DLLRO shall pass a reasoned order and communicate the same to him.
Let this process be completed as early as possible but not later than two months from date of receipt of a copy of this order.
As a consequence of the aforesaid order, O.A. 1811 of 2017 (LRTT) stands disposed of.
There shall be no order as to costs.
Photostat certified copy of this order, if applied for, be furnished expeditiously.
(Saugata Bhattacharyya, J.) (Dipankar Datta, J.)