Sabitri Barui And ORS. v. The State Of West Bengal And ORS.

25.02.2025 rpan/06 WPLRT 19 of 2025 Smt. Sabitri Barui & Others - Versus - State of West Bengal & Others Mr. Soumyajit Bhatta, Mr. Partha Sarkar ... for the Petitioners.

Ms. Debdooti Dutta ... for the State/Respondents.

Mr. Animesh Das ... for the Private Respondent nos.3, 4 & 5.

Affidavit-of-service, as filed, be kept on record. Mr. Bhatta, learned advocate appearing for the petitioners submits that the original application, (in short, OA), being OA 2367 of 2009 (LRTT) was filed by the private respondents herein impleading the petitioners herein, as party respondents. The said OA is pending since the year 2009. Though the parties have exchanged their pleadings on 19th August, 2013, the OA has not been finally disposed of and by an order dated 3rd October, 2024, the hearing of the OA has been deferred and fixed nine months thereafter on 18th July, 2025. Such delay in fixing a date for hearing is too long in a system where justice is supposed to be swift but deliberate.

He, accordingly, prays for issuance of necessary direction upon the learned Tribunal for immediate disposal of the OA.

Mr. Das, learned advocate enters appearance on behalf of the private respondent nos.3, 4 and 5, who are the applicants before the learned Tribunal. However, as no one appears today on behalf of the State/respondents, we request Ms. Debdooti Dutta, learned advocate, who usually appears for the State/respondents, to appear in this matter. Let such engagement of Ms. Dutta be regularised.

It is for the learned Tribunal to regulate its own procedure in respect of the cases on Board for effective disposal and to ensure that the cases are disposed of within a reasonable period of time.

Records reveal that the OA is pending before the learned Tribunal since the year 2009. We have been informed that the parties have exchanged their pleadings before the learned Tribunal and the matter is ready for hearing.

In view thereof, the present writ petition is disposed of directing the learned Tribunal to finally dispose of the OA on the returnable date i.e., on 18th July, 2025 or as expeditiously as possible, preferably within a period of four months thereafter, without granting any unnecessary adjournment to either of the parties.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)