Sanjib Das And ORS v. State Of West Bengal And ORS.

26.06.2023 Item No.22 RP/AN Ct. No.1 W.P.A.(P) 299 OF 2023 SANJIB DAS & ANR.

VS STATE OF WEST BENGAL & ORS.

Mr. Tirthankar Dhali .....for respondent nos.8,9 and 11 None appears for the petitioners.

We have heard the learned advocate for the respondent nos.8, 9 and 11. It is pointed out by the learned advocate for the respondent nos.8, 9 and 11 that the petitioners have filed a petition, being OA No.1518 of 2023 before the West Bengal Land Reforms and Tenancy Tribunal and notice has been received by the 8th respondent. A copy of the petition filed before the Tribunal is placed before this Court from which we find that the petitioners have moved before the learned Tribunal wherein they have challenged the order passed by the Block Land and Land Reforms Officer, Purbasthali-I and prayers are made to take steps against illegally filling up of a portion of the plot of land as also that no conversion be made till disposal of the LR Appeal being 883 of 2022 preferred by them.

In the light of the above fact that the petitioners have already availed remedy before the Tribunal, which in our view was the right procedure to be adopted and the same relief cannot be granted in a Public Interest Litigation. Accordingly, the petition is disposed of leaving it open to the petitioners to raise all points before the learned Tribunal.

(T. S. SIVAGNANAM) CHIEF JUSTICE (AJAY KUMAR GUPTA, J.)