Bazir Hossain v. State Of West Bengal And ORS.

09.4.2021 gd/ssd WPLRT 15 of 2021 (Through Video Conference) Bazir Hossain Vs.

The State of West Bengal & Ors.

Mr. Golam Mastafa, Advocate present in Court ..for the Petitioner.

Mr. Subhasish Bandyopadhyay, Advocate present in Court ..for the State.

Mr. Shibasis Chatterjee, Advocate present in Court ..for the Respondent Nos.5 and 6.

Mr. S. Banik, Advocate present in Court ..for the Respondent No.7.

The only grievance of the petitioner while challenging the order dated February 23, 2021 passed in O.A. No.2039 of 2020 is that while adjourning the application filed by the petitioner, the West Bengal Land Reforms and Tenancy Tribunal (for short 'the Tribunal') has not granted any interim relief.

The submission is that the land was originally owned by the mother of the petitioner, Late Asia Bibi. She died in the year 2004 leaving behind the petitioner as a sole legal heir. The land was purchased by her in the year 1954 by two registered sale deeds. However, the name of the private respondents was recorded in the revenue record. The application was filed before the Tribunal for correction of the record-of-rights.

WPLRT 15 of 2021 The stand taken by the private respondents is that the land was purchased by them by way of registered sale deed executed by the person to whom Asia Bibi had sold the land during her lifetime.

Be that as it may, as the issue regarding correction of revenue record is pending consideration before the Tribunal, it would be appropriate that during the pendency of the application before the Tribunal, the private respondents do not create any third party interest in the land in question.

The writ petition is accordingly disposed of. (Rajesh Bindal, J.) (Aniruddha Roy, J.)

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