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Calcutta High CourtWPA/6534/2018disposed

Subrata Dutta & ANR v. State Of West Bengal &ORS

2021-03-10Hon'Ble Justice Sabyasachi Bhattacharyya2 pages

10.03.2021 mb In the High Court at Calcutta Constitutional Writ Jurisdiction W.P.A. No. 6534 of 2018 Subrata Dutta & Anr -Vs.- State of West Bengal & Ors.

Mr. Amlan Jyoti Sengupta ...for the petitioners Mr. Ayan Banerjee, Mr. Soumo Chaudhury ...for the State-respondents The grievance of the petitioners is that the petitioners employed the private respondents for the purpose of cultivation of the disputed land on behalf of the petitioners. However, it is alleged that the then minor son (since attained majority) of the said cultivator recorded the land in his own name as bargadar.

Thereafter, the petitioners applied before the Block Land & Land Reforms Officer, Raina-1, for reconsideration of the matter and to modify such recording. However, despite repeated requests for information as to whether the said application was disposed of, neither the concerned BL & LRO nor the Sub Divisional Land Reforms Officer, who is the appellate authority, gave any reply regarding such disposal.

Learned counsel appearing for the Staterespondents submits that he has no specific instruction regarding whether the application has been disposed of or not till date.

There is no use in keeping the writ petition pending, in view of the limited relief sought by the petitioners.

Accordingly, W.P.A. No. 6534 of 2018 is disposed of by directing the respondent no. 5, that is, the Block Land & Land Reforms Officer, Raina-1, to dispose of the petitioners' application, being Annexure P-2 at page 21 of the instant writ petition, within two months from date, upon giving necessary opportunity of hearing to the affected parties, if not already disposed of. In the event such application has been disposed of prior to this order, the respondent no. 5 shall communicate such decision within a week from date to the petitioners.

There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of all necessary formalities.

(Sabyasachi Bhattacharyya, J.)