Md. Sahabuddin And ORS. v. State Of West Bengal And ORS.

17.03.2025 AGM In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 2743 of 2025 Md. Sahabuddin & Ors.

-versusThe State of West Bengal & Ors.

Mr. Soumyajit Das Mahapatra, Ms. Madhuri Sinha, Mr. Ranabeer Halder.

...For the Petitioners.

Mr. K.J. Yusuf, Mr. Saurav Chaudhuri.

...For the State.

1.

The petitioners are tenants of the private respondent. There are landlord-tenant disputes pending in between the parties.

2.

The petitioners allege that the landlord by taking benefit of the Scheduled Caste Certificate issued in his favour is harassing the petitioners.

3.

The petitioners/tenants lodged complaint against the private respondent before the Sub Divisional Officer alleging that the caste certificate issued in favour of the private respondent/landlord is illegal and based upon forged documents.

4.

A report was called for from the Sub Divisional Officer.

5.

From the report filed by the Enquiry Officer dated 13th March, 2023 it appears that a local enquiry was conducted and other relevant documents with regard to the status of the private respondent was investigated and the authority opined that the

candidate belongs to Scheduled Tribe/Oraon community.

6.

From the submission made on behalf of the parties, it appears that the landlord-tenant dispute has landed up before this Court under high prerogative writ jurisdiction under Article 226 of the Constitution of India by way of a challenge to the Caste Certificate issued in favour of the landlord. The authority has come to a conclusive opinion that the candidate is a Scheduled Tribe candidate.

7.

The Court is convinced that the writ petition has been filed with a mala fide intention to harass the private respondent/landlord. The writ petition ought not to be entertained any further.

8.

The writ petition fails and is hereby dismissed.

9.

The report of the Sub-Divisional Officer & Sub-Divisional Magistrate, Kharagpur dated 13.03.2025 is taken on record.

10. Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities.

( Amrita Sinha, J.)