Shree Shree Iswar Satyanarayanjee Rep By Lalit Kumar Bagla And ORS v. State Of West Bengal And ORS

August 17, 2021 ARDR (51) WPA 11933 of 2021 Shree Shree Iswar Satyanaraanjee & ors. Deitites & ors.

Vs.

The State of West Bengal & Ors.

Mr. Moinak Bose, Mr. Pradeep Kumar, ...for the petitioner.

Mr. Chandi Charan De, Mr. Anirban Sarkar, ...for the State.

The principal prayer of the petitioner is directed for consideration and expeditious disposal of an application dated August 8, 2017 pending before the Thika Contoller.

The petitioner also submits that there are connected proceedings before different fora including Hon'ble Supreme Court.

Mr. De appears for the State respondents and submits that the present petition is not maintainable on the ground that the petitioner has an adequate, efficacious, alternative and statutory remedy. He submits that in view of the provisions contained in Section 2(r) (6) and (8) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, there is no scope for entertaining this petition and the petitioner ought to have approached the Tribunal. In view of the fact that the petitioner has an adequate, alternative efficacious statutory remedy, I

am of the view that there is no scope for entertaining this writ petition.

WPA 11933 of 2021 is dismissed on the ground of maintainability.

I make it clear that I have not gone into the merits of the controversy and nothing in this order will bind the Thika Controller in considering the application of the petitioner in accordance with law. (Ravi Krishan Kapur, J.)