Calcutta High Court (Appellete Side)
Mahadev Prasad Roy vs State Of West Bengal & Ors on 2 April, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
1 2.4.2014
ac W.P.L.R.T. 73 of 2014 Mahadev Prasad Roy
-versus-
State of West Bengal & Ors.
Mr. Shayamaprasad Purkait, Mr. D. N. Banerjee, Mr. Pradip Kumar Neogi, Mr. Achintya Biswas, Ms. Moumita Mondal.
... For the Petitioner.
Mr. Lalit Mohon Mahata, Mr. Prasanta Behari Mahata.
... For the State.
Petitioner moved an application being O. A. No. 3189 of 2013 before the West Bengal Land Reforms and Tenancy Tribunal, 1st Bench, interalia, praying for issuance of direction upon the concerned Block Land & Land Reforms Officer, Chandrakona-II, District-Paschim Medinipur, to conclude the suo motu proceeding of vesting under 14T(3) being Case No. 3 of 1982-83 as early as possible within a time bound period. Such prayer of the petitioner was allowed by the Learned Tribunal vide its order dated 10th January, 2014 whereby direction was given upon the concerned Block Land & Land Reforms Officer, Chandrakona-II, District-Paschim Medinipur,to conclude the remand hearing keeping in view of the observations of the appellate authority within a period of three months from the date of communication of the said order after giving opportunity of hearing to the applicant and all other interested parties, if there be any, and by passing a reasoned order in accordance with law. The said order of the Tribunal is under challenge before us at the instance of the applicant/petitioner.
We fail to understand as to why the petitioner has come before this Court with this writ petition when the relief which he claimed before the Tribunal was granted to him.
2Learned Advocate appearing for the petitioner, however, submits that his client is not dissatisfied with the direction passed by the Learned Tribunal and his client has approached this Court with this writ petition as an interim protection for maintenance of status-quo with regard to possession of the suit property of the parties was not granted by the Learned Tribunal.
We feel that such interim protection need not be given in view of the order passed by this Hon'ble Court on 28th June, 1988 in Civil Order No. 5404(W) of 1987 whereby an interim protection was given directing the parties to maintain status-quo till the disposal of the said suo motu proceeding.
Accordingly, we feel that no further interim protection need be passed by this Court.
On the prayer of the Learned Advocate for the petitioner, time for submission of the application with all its annexure alongwith the order passed by the Learned Tribunal on 10th January, 2014 before the concerned Block Land & Land Reforms Officer, Chandrakona-II, District-Paschim Medinipur, is extended till day after tomorrow.
The writ petition is, thus, disposed of.
(Jyotirmay Bhattacharya, J.) (Ishan Chandra Das, J.)