Partha Das And ORS. v. The State Of West Bengal And ORS.

Dd 18 15.05.2025 WPLRT/56/2025 SRI PARTHA DAS AND ORS.

VS THE STATE OF WEST BENGAL AND ORS.

Mr. Tanmoy Mukherjee, Mr. Souvik Das, Mr. K. R. Ahmed, Mr. Rudranil Das, Mr. Sounava Santra, Advocates ... ... For the Petitioner Mr. Supriyo Chattopadhyay, Mr. Sudip Kumar Maiti, Ms. Debsri Chatterjee, Advocate ... ... For the Respondent Nos. 4 and 5 Mr. Sk. Md. Galib Ld. Sr. Govt. advocate Ms. Priyamvada Singh, Advocates .. ...For the State

1. Writ petition is directed against an order dated October 8, 2024 passed in OA 1133 of 2021 (LRTT) by the West Bengal Land Reforms and Tenancy Tribunal.

2. Learned advocate appearing for the purchaser of the immovable proprieties submits that, although, the purchaser was party in the original application, he is not arraigned as respondent in the present writ petition. He, however, in his fairness submits that, his client may be added as party respondent in the present writ petition.

3. Such request made being reasonable is accepted.

4. Learned advocate-on-record for the writ petitioners will add the vendors and the purchaser of the

immovable properties concerned, as party respondents in the writ petition.

5. By consent of the parties, the writ petition is taken up for final hearing.

6. Writ petitioners are aggrieved by the portion of the decision of the learned tribunal, which purports to declare right, title and interests in respect of the immovable properties concerned.

7. It is trite law that a tribunal exercising jurisdiction under the provisions of the West Bengal Land Reforms Act, 1955 is not vested with powers to decide on the title of persons relating to immovable properties.

8. In such circumstances, impugned decision dated October 8, 2024 of the learned tribunal passed in OA 1133 of 2021 (LRTT) is clarified. Such decision of the learned tribunal did not decide on the title of the immovable properties concerned, in any manner whatsoever. The issue of title to the property is kept open to be decided by an appropriate forum.

9. WPLRT/56/2025 is disposed of accordingly.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)