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Calcutta High CourtWPA/14999/2024dismissed

Dhansingh Mandi v. State Of West Bengal And ORS.

2024-07-15Hon'Ble Justice Aniruddha Roy2 pages

11 15.7.2024 Sc Ct. no.2 WPA 14999 OF 2024 ------------- Dhansingh Mandi Vs.

The State of West Bengal & Ors.

Mr. Pradip Saren Mr. Soumik Ghosh Ms. Saheli Hembrom.

....For the Petitioner Mr. Priyabrata Batabyal.

....For the Respondent nos.1 to 4 Mr. Lalratan Mandal Mr. Dilip Kumar Sadhu.

....For the Private Respondent No.5 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Soumik Ghosh, learned advocate appears for the petitioner.

Mr. Priyabrata Batabyal, learned advocate appears for the respondent nos.1 to 4.

Mr. Lalratan Mandal, learned advocate appears for the private respondent no.5.

The principal prayers from the writ petition are quoted below :

"a.

A direction upon the B.L & L.R.O, Binpur I, being Respondent No.4 to delete the name of the Respondent No.5 namely Hapan Chandra Mandi as a Bargadar.

b.

A writ of mandamus upon the B.L. & L.R.O, Binpur I, restrained the Respondent No.5 namely Hapan Chandra Mandi from cultivating the land."

In view of the provisions laid down under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 there is an alternative efficacious and speedy remedy available to the petitioner before the jurisdictional Land Reforms and Tenancy Tribunal to consider the prayers of the petitioner.

In view of the above, this writ petition, WPA 14999 of 2024 stands dismissed, without any order as to costs. It is made clear that, this Court has not gone into the merits of the writ petition at all. The petitioner shall be at liberty to urge whatever points he wishes to urge before the jurisdictional tribunal.

In the event proper application is filed before the jurisdictional tribunal, the tribunal shall proceed as expeditiously as possible and shall dispose of the proceeding strictly in accordance with law.

(Aniruddha Roy, J.)