Abhishek Roy Chowdhury v. State Of West Bengal And ORS.

Item- 10.

WPA 6277 of 2026 23-03-2026 Abhishek Roy Chowdhury

Versus

State of West Bengal & Ors.

Ct. 19 sg Mr. Dhananjay Nayak Mr. Kaustav Banerjee ...for the petitioner Ms. Jyotsua Roy Mukherjee Mr. Bineeta Bhattacharya ...for the State Ms. Bina Baidya ...for the respondent nos.6-8 Affidavit of service filed in Court is taken on record. Mr. Nayak, learned Advocate appearing for the petitioner refers to an order dated 17th January, 2020 issued by the Principal Secretary & Land Reforms Commissioner, Land & Land Reforms and Refugees Relief and Rehabilitation Department directing the Block Land and Land Reforms Officer to take certain steps if attempts are made to get names recorded in the record of right by furnishing fake or forged deeds.

Mr. Nayak submits that in respect of the plots in question, the names of the private respondents were recorded in the record of rights by using fake or forged deeds and after the petitioner submitted a representation before the Block Land & Land Reforms Officer, the record of rights were corrected in the name of the petitioner but no penal action as indicated in the order dated 17th January, 2020 was not taken. He further submits that though the Block Land & Land Reforms Office was obliged to comply with the direction contained in the order dated 17th January, 2020 directing penal action to be taken but no penal action was taken by such

authority which prompted the petitioner to approach this Court.

After going through the averments made in the writ petition and upon hearing the learned advocates for the respective parties, it appears that the petitioner has complained of inaction and culpable negligence of the Block Land & Land Reform Officer, who is an "Authority" under the West Bengal Land Reforms Act, 1955, which is a specified Act under Section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

The learned advocate appearing for the private respondents submits that a civil suit between the petitioner and the private respondents is also pending in respect of the plots in question.

It is now well-settled that the remedy provided under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, is an effective remedy (see Judgment and order dated 20th March, 2026 passed in a series of writ petitions, the lead case being WPA 25183 of 2025 in the matter of Gour Chandra Ghosh & Ors. vs. State of West Bengal & Ors.). In view thereof, this Court is not inclined to entertain this writ petition.

Faced with such situation, Mr. Nayak, prays for leave to withdraw this writ petition with liberty to approach the West Bengal Land Reforms and Tenancy Tribunal. In the light of the submission made by the leaned advocate for the petitioner, WPA 6277 of 2026 stands dismissed as withdrawn with liberty to the petitioner to approach the appropriate forum in accordance with law on the

self-same cause of action.

If the petitioner approaches the appropriate forum, it will be open to the private respondents to raise objections before such forum in accordance with law.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Hiranmay Bhattacharyya, J.)