Md Jarif Ali v. State Of West Bengal & ORS

August 25, 2021 ARDR (30) WPA 5315 of 2020 + (IA CAN 1 of 2021) Md. Jarif Ali Vs.

The State of West Bengal & Ors.

Mr. Mukteswar Maity, Ms. Manika Sarkar, ...for the petitioner.

Mr. Subhasis Bandyopadhyay, ...for the State.

The grievance of the petitioner is directed against an order dated 24th February, 2020 passed in an annulment case pending before the Sub Divisional Officer, Malda Sadar under the provisions of the West Bengal Land Reforms Act, 1955.

The petitioner assails the impugned order on the ground that the same has been passed without any application of mind.

The State is represented, relies on the impugned order and submits that the subject matter of the disputes raised in this petition are barred under the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

Heard the parties.

I am of the view that the grievance of the petitioner insofar as patta annulment is concerned is squarely covered under the provisions of the West Bengal Land Reforms Act, 1955.

In those circumstances, I am of the view that the petitioner has an adequate, efficacious alternative statutory remedy and there is no reason why a Writ Court should exercise any discretion in favour of the petitioner in entertaining such a petition.

Accordingly, WPA 5315 of 2020 stands dismissed as not maintainable.

The connected application also stands disposed off.

(Ravi Krishan Kapur, J.)