Pran Gour Das And ORS. v. The State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE

Present:

The Hon'ble Justice Debangsu Basak And The Hon'ble Justice Md. Shabbar Rashidi W.P.L.R.T. 67 of 2025 Pran Gour Das & Ors.

vs.

State of West Bengal & Ors.

For the Petitioners : Mr. Manish Kumar Das Mr. Kartik Das For the State : Mr. Supratim Dhar, Sr. Adv., Mr. Satyam Mukherjee Heard & Judgment on : May 15, 2025 DEBANGSU BASAK, J.:-

1. Writ petitioners assail an order dated November 14, 2024 passed in O.A. 501 of 2022 (LRTT) by the West Bengal Land Reforms Tenancy Tribunal.

2. Learned advocate appearing for the writ petitioners submits that, the father of the writ petitioners was the recorded Bargadar in respect of 49 decimal of land in Plot No. 125/610. Writ petitioners purchased such

property from the owner. Thereafter, concerned B.L. & L.R.O. incorporated the names of the heirs of the deceased Bargadar who was recorded as such in the balance portion of the plot which the writ petitioners purchased. The writ petitioners thereafter applied under Section 17 of the West Bengal Land Reforms Act, 1955 for deletion of the names of such private respondents. Writ petitioners approached the Tribunal for the inaction on the part of the B.L. & L.R.O., which resulted in the impugned order.

3. State is represented.

4. None appears for the private respondents despite service.

5. Apparently, writ petitioners purchased a portion of the land over which the father of the writ petitioners was the recorded Bargadar. Father of the private respondents was the recorded Bargadar in respect of the other portion of the plot. Subsequent to such purchase, the names of the private respondents were inserted as Bargadar in respect of the portion which was purchased by the writ petitioners. Application made under Section 17 of the Act of 1955 by the writ petitioners is yet to be decided by the concerned B.L. & L.R.O.

6. Report submitted by the B.L. & L.R.O. before the learned Tribunal also speaks of the pendency of such application.

7. In such circumstances, the concerned B.L. & L.R.O. will consider and decide the application under Section 17 of the Act of 1955 in accordance with law.

8. No doubt, the concerned B.L. & L.R.O. will afford a reasonable opportunity of hearing to both the writ petitioners and the private respondents. The concerned B.L. & L.R.O. is at liberty to hear such other parties and consult such documents that he deems appropriate. He will pass a reasoned order which he will communicate to the parties he heard forthwith thereafter.

9. It is expected that the entire exercise is completed within three months from the date of communication of this order on the concerned B.L. & L.R.O.

10. Impugned order dated November 14, 2024 is set aside.

11. W.P.L.R.T. 67 of 2025 is disposed of without any order as to costs. (Debangsu Basak, J.)

12. I agree S.D.

(Md. Shabbar Rashidi, J.)