← Library
Calcutta High CourtWPA/6363/2025dismissed

Timir Kumar Roy Chowdhury And ORS. v. The State Of West Bengal And ORS.

2025-04-11Hon'Ble Justice Partha Sarathi Sen2 pages

April 11, 2025 Sl. No.10 Court No.19 s.biswas WPA 6363 of 2025 Timir Kumar Roy Chowdhury and others vs.

The State of West Bengal and others Mr. Vineet Kothari ... for the petitioners Mr. Soumitra Bandyopadhyay, Sr. Govt. Adv.

Ms. Suchana Banerjee ... for the State Mr. Apratim Bhattacharya Mr. Arpan Guha ... for the respondent no.6

1. The subject matter of the instant writ petition is the orders dated 25.09.2024, 30.10.2024 and 05.12.2024 as passed in Misc. Case No.1282 of 2024 by the prescribed authority under Section 50 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as 'the said Act of 1955' for short).

2. On careful perusal of the aforementioned orders, it reveals that the said prescribed authority after hearing the contending parties before him declined to alter and/or to modify the record of rights in favour of the applicants before him as prayed for.

3. On behalf of the respondent State as well as on behalf of the private respondent no.6, attention of this court is drawn to the provision of Section 50 and Section 54 of the said Act of 1955.

4. It is submitted both on behalf of the respondent State as well as on behalf of the private respondent that the orders which were passed under Section

50 of the said Act of 1955 is an appealable order under Section 54 of the said Act of 1955.

5. On careful consideration of the entire materials as placed before this court and on perusal of the relevant provision of the said Act of 1955, it appears to this court that the writ petitioners have chosen a wrong forum for ventilating their grievance while assailing the aforementioned orders as passed under Section 50 of the said Act of 1955.

6. This court thus finds that the instant writ petition is not maintainable.

7. WPA 6363 of 2025 is thus dismissed. There shall be no order as to costs.

8. All the parties shall act on the basis of the server copy of the order.

(Partha Sarathi Sen, J.)