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Calcutta High CourtWPA/4542/2020dismissed

Chandan Mukherjee v. State Of West Bengal & ORS

2021-01-22Hon'Ble Justice Ashis Kumar Chakraborty2 pages

AD 33.

January 22, 2021.

SG WPA 4542 of 2020 Chandan Mukherjee -versus- The State of West Bengal and others Mr S.G. Chowdhury ... for the petitioner.

Mr Susovan Sengupta Mr Manas Kumar Sadhu ... for the State.

In this writ petition the petitioner has challenged an order dated December 30, 2019 passed by the respondent no.3, that is, the Block Land and Land Reforms Officer (Thakurpukur, Maheshtala).

By the impugned order the respondent no.3 has held that the petitioner's prayer for demarcation of his land in question cannot be decided by him on the ground of pendency of a title suit being TS Case No.181 of 2018, which is pending before the learned Civil Judge (Junior Division) at Alipore.

The factum of pendency of the above title suit is not in dispute. In any event, if the petitioner seeks to challenge the impugned order, his remedy lies in approaching the West Bengal Land and Land Reforms and Tenancy Tribunal under Article 323B of the Constitution of India.

For the reasons aforesaid, the writ petition, WPA 4542 of 2020 stands rejected.

( Ashis Kumar Chakraborty, J.)