Md. Irsad And ORS. v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 13.03.2025 Ct. no.2 Sl. 22 Moumita WPA 4764 of 2025 -------------- Md. Irsad & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Debasis Kar Mr. Husen Mustafi Mr. Arka Tilak Bhadra .... For the Petitioners Mr. Chandi Charan De, Ld. Addl. Govt. Pleader Mrs. Reshma Chatterjee .... For the State-respondent Mr. Dipayan Kundu ....For the Respondent no. 3 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Debasis Kar, learned advocate appears for the petitioners.

Mrs. Reshma Chatterjee, learned Advocate led by Mr. Chandi Charan De, learned Additional Government Pleader appears for the State-respondent.

Mr. Dipayan Kundu, learned Advocate appears for the State-respondent no. 3.

The prayers from the writ petition are quoted below: a) 'A writ of and/or in the nature of Mandamus directing and commanding the respondents and

each of them to take suitable and immediate action for removing the name of the private respondent from the Record of Rights in BL & LRO and rectify the same.

b) A writ in the nature of certiorari commanding and also calling upon the respondents and each of them to produce all relevant records relating to this case before this Hon'ble Court and upon causes being shown or if no cause shown conscionable justice may be done.

c)Rule NISI in terms of prayers (a) to (c) as above.

d)Incidental costs.

e)And to pass such other order or orders as the Hon'ble Court may deem fit and proper.'

In the light of the above prayers Mr. Dipayan Kundu, learned Advocate appearing for respondent no. 3 at the threshold raises the point of maintainability of the writ petition.

Mr. Chandi Charan De, learned Additional Government Pleader appearing for the State also supports such objections.

After considering the prayers made in the writ petition it appears to this Court that there is a clear bar under Sub-Section r to Section 2 of the West Bengal Land Reforms and Tenancy Tribunal Act 1997.

In view of the above, this writ petition WPA 4764 of 2025 stands dismissed without any order as to costs.

However, this order of dismissal shall not preclude the petitioners to apply before the jurisdictional Land Reforms and Tenancy Tribunal

within a period of four weeks from date to seek its appropriate remedy in accordance with law.

In the event, such an application is filed before the jurisdictional Land Reforms and Tenancy Tribunal, the same shall dispose it of within a period of six months from the date of registration of the application after providing opportunity of hearing to the parties thereto and by passing a reasoned order in accordance with law.

It is made clear, that this court has not gone into the merits of the claim of the petitioners and the petitioners shall be entitled to urge whatever points they wish to urge before the tribunal.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)