Ranjit Hazra And ORS. v. The Secretary, Land And Land Reforms Department And ORS.

12.08.2024 Item No.35 Court No.11 Avijit Mitra WPLRT 74 of 2024 In re: An application under Article 226 of the Constitution of India;

And Ranjit Hazra & ors.

- versus - The Secretary, Land & Land Reforms Department, Government of West Bengal & ors.

Mr. Sujit Kumar Rath, Mr. Anirban Saha ...for the petitioners Mr. T.M. Siddiqui, Ld.AGP, Mr. Supratim Dhar ....for the State respondents Affidavit-of-service filed by the petitioner be kept on record.

Mr. Rath, learned advocate, representing the petitioners, files a supplementary affidavit. Let the same be taken on record. The present writ petition challenges the order dated 7th March, 2024 passed in the original application (in short, OA), being OA 1785 of 2020.

Mr. Rath submits that this writ petition as well as the original application may be disposed of by directing the concerned Block Land and Land Reforms Officer to consider the representation presented by the petitioners before him. Mr. Siddiqui, learned Additional Government Pleader appearing for the State submits that this is not a case of mere consideration of a representation presented before the concerned Block Land and Land Reforms Officer for correction of any error or errors somehow crept in a record of rights. He explains that the petitioners want the B.L.& L.R.O. to reopen a

B.R. Case, and to have one vested land recorded in their names. He further submits that since the learned Tribunal is seized of the matter, it should be decided by the learned Tribunal first. Heard the learned advocates appearing for the respective parties and perused the materials on record.

Upon perusal of the averments made in the OA, we find merit in Mr. Siddiqui's submission. The original application indicates that the petitioners have prayed for a direction upon the Block Land and Land Reforms Officer to reopen a B.R. case initiated by a Company, predecessor-in-interest of the petitioners' vendor. The subject plot of land was declared vested in the State, and the petitioners seek to have their names recorded as the owners of the plot. However, since the Tribunal is seized of the matter, we are not inclined to address the merits of the case.

In such conspectus, the writ petition is disposed of by directing the learned Tribunal to dispose of the original application and its connected application on the returnable date i.e. on 10th December, 2024, or as expeditiously as possible thereafter, preferably within a period of three months. There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the learned advocates for the parties. (Partha Sarathi Chatterjee,J.) (Tapabrata Chakraborty, J.)