Shibsankar Ojha v. Sushama Paul

Form No. J(2) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'be Justice Sabyasachi Bhattacharyya And The Hon'ble Justice Biswaroop Chowdhury W.P.L.R.T. 90 of 2026 Sri Sibsankar Ojha Vs.

Sushama Paul and others For the petitioner :

Mr. Md. Golam Mostafa Mr. Radhasyam Maiti Mr. Manoranjan Jana Ms. Mitali Jana Heard on :

20.05.2026 Judgment on :

20.05.2026 Sabyasachi Bhattacharyya, J.:- 1.

Affidavit-of-service filed today be kept on record. Despite service, none appears for the parties.

2.

By the impugned order, the Tribunal has directed the BL & LRO, Namkhana to dispose of a representation filed by the private respondent after hearing all interested parties.

3.

Learned counsel appearing for the writ petitioner submits that a previous representation seeking similar relief was earlier rejected by the BL & LRO and as such, the self-same representation could not be directed to be heard afresh.

4.

However, we find that by the impugned order, the rights of the parties have not been dealt with but it has been kept open for the BL & LRO to consider all points, conspicuously, after hearing all interested parties (including the present writ petitioner).

5.

Hence, it will be open to the writ petitioner, in any event, to point out the issue canvassed before us to the effect that a similar representation had previously been rejected. 6.

If such issue is raised, the BL & LRO will decide the same along with other questions raised before him in terms of the order passed by the Tribunal.

7.

Hence, we do not find any scope of interfering with the impugned order.

8.

Accordingly, WPLRT 90 of 2026 is disposed of without interfering with the impugned order dated April 22, 2026 passed by the Third Bench, West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 850 of 2026 (LRTT), in the light of the observations made above.

9.

There will be no order as to costs.

10. Urgent photostat copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Sabyasachi Bhattacharyya, J.) I agree.

(Biswaroop Chowdhury, J.) AD-23 AK