Asim Ranjan Coomer And ORS. v. Amit Ranjan Coomer And ORS.

23. 12.06.2025 Court No.26.

(Pritam) WPLRT 83 of 2025 Asim Ranjan Coomer & Ors.

-Vs.- Amit Ranjan Coomer & Ors.

Mr. Sujit Kr. Rath, Mr. Sukumar Sarkar.

.....for the petitioners.

Mr. Atarup Banerjee, Mr. Arindam Sen, Mr. Sayanwita Auddya, Mr. Rajdeep Pramanick ....for the respondent nos.1, 2, 3, 5 & 6.

1. Writ petition is directed against an order dated August 7, 2023 passed in O.A.2246 of 2023 (LRTT) by the West Bengal Land Reforms & Tenancy Tribunal.

2. Learned advocate appearing for the writ petitioners submits that, in a proceeding for correction of the record of rights of parties who possess right, title and interest in respect of such immovable properties were not given notice by the concerned Block Land & Land Reforms Officer (BL & LRO). Such persons were not impleaded before the learned Tribunal also.

3. Learned advocate appearing for the writ petitioners submits that due to inadvertence, State authorities are not impleaded in the writ petition and therefore, he seeks leave to withdraw the writ petition to file afresh on the self-same cause of action.

4. Private parties are represented.

5. It appears from the materials on record that the private respondents approached the learned Tribunal on the inaction of the concerned BL & LRO in considering and disposing of the application for correction of the record of rights in respect of the immovable properties. On such application, the learned Tribunal passed the impugned order, requiring the concerned BL & LRO to conclude the proceedings in accordance with law as expeditiously as possible.

6. Learned advocate appearing for the writ petitioners submits that, the writ petitioners are interested in expeditious disposal of such proceedings for correction of record of rights.

7. However, according to him, all parties who possess right, title and interest in respect of the immovable property concerned should be informed of such proceeding.

8. In response to the query of the court as to who were not impleaded before the Tribunal, learned advocate appearing for the writ petitioners submits that, apart from the writ petitioners, there are persons who expired and that he represents the heirs and legal representative of the deceased persons recorded in the record of rights and not impleaded before the Tribunal.

9. The impugned order speaks of the nature of the proceedings as also the number of cases pending before the concerned BL & LRO.

10.

In such circumstances, not only does the writ petitioners have appropriate and adequate notice of such proceedings but also through the learned advocate appearing for the writ petitioners, other persons who are claiming right, title and interest in respect of such property also have due and appropriate notice of such proceedings.

11.

The main anxiety of the private parties is the expeditious disposal of the proceedings before the concerned BL & LRO. Therefore, it would be appropriate to modify the order impugned by directing the concerned BL & LRO to dispose of the proceedings for correction of record of rights as expeditiously as possible and preferably within a period of a fortnight from date. By consent of the parties, the next date for hearing before the concerned BL & LRO is fixed on June 16, 2025 at 11 a.m.

12.

Needless to say that the private parties are at liberty to adduce such documents and produce such evidence as they deem appropriate. The concerned BL & LRO is at liberty to consider such documents and evidences as he deems appropriate. No doubt, he will offer a reasonable opportunity of hearing to the private parties and will duly communicate to the parties forthwith thereafter.

13.

State of West Bengal is added as a party respondent in this writ petition. Learned advocate on

record for the writ petitioners will incorporate necessary amendments in the writ petition.

14.

WPLRT 83 of 2025 is disposed of accordingly without any order as to costs.

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