Jamini Mondal And ANR v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side.

----------- 07.06.

Ct. No. 04 Ab WPLRT 50 of 2022 Jamini Mondal and another Vs.

The State of West Bengal and others.

--------------- Mr. K.M. Hossain, Mr. Rakib Hussain, Ms. Keya Sutradhar.

... for the petitioners.

Mr. Chandi Charan De, Ms. Reshmi Rahaman.

... for the State.

The disquiet litigants have approached this Court by filing the instant writ petition challenging an order passed by the tribunal on 17th August 2021 fixing a date for moving a motion after a gap of one year.

The purpose for setting up the tribunal envisaged by the framers of the Constitution was to secure the speedy and timely disposal of certain category of the matters and not for the purpose of an adjournment. It is a solemn duty of Members of the tribunal to show alacrity in disposal of the matters than to explode the docket by fixing a date after a gap of one year. The very object envisioned by the framers of the Constitution is frustrated if the matters are placed after an interval of one year. It is really unfortunate that the matters have not been dealt with keeping in mind the object and purpose of creation of the tribunal in securing the timely disposal of the specified category of cases.

We cannot accept the manner in which the dates

are fixed for hearing of the matters. We, thus, set aside the impugned order dated 17th August 2021.

We direct the Fourth Bench of the West Bengal Land Reforms and Tenancy Tribunal to fix a date of the original application within fortnight from the date of communication of this order and shall thereafter make endeavour to dispose of the said tribunal application within four months from the date of service effected upon the respondents.

With these observations, the writ petition is disposed of.

There shall, however, be no order as to costs. (Harish Tandon, J.) (Shampa Dutt (Paul), J.)