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Calcutta High CourtWPA/15708/2024dismissed

Samarendra Nath Pradhan v. The State Of West Bengal And ORS.

2024-12-06Hon'Ble Justice Aniruddha Roy3 pages

06.12.2024 Item No. A48 Crt.No.02 b.r.

WPA 15708 of 2024 Samarendra Nath Pradhan -vsThe State of West Bengal & Ors.

Mr. Salil Kumar Maiti Ms. Pinki Saha Ms. Dolan Samanta .... For the petitioner.

Mr. Sk. Md. Galib, Sr. Govt. Adv.

Ms. Sujata Mukherjee .... For the State.

Affidavit of service filed in Court today, is taken on record.

Mr. Salil Kumar Maiti, learned counsel appears for the petitioner.

Mr. Sk. Md. Galib, learned State counsel appears for the respondent nos. 1 to 9.

The private respondent nos. 10 to 13 are not represented.

Learned State counsel has submitted a report today in Court dated June 25, 2024 issued under the seal and signature of the jurisdictional Block Land and Land Reforms Officer (B.L. & L.R.O), Nandigram-II.

The case pleaded in the writ petition read with the documents supplied by the State counsel

to this Court, it appears that the jurisdictional B.L.& L.R.O. has already taken steps by issuing a notice dated June 11, 2024, which was issued upon the private respondent nos. 10 and 13, wherefrom it appears that if the private respondents do not comply with the direction of the jurisdictional B.L. & L.R.O. then steps shall be taken in terms of Section 4D of the West Bengal Land Reforms Act, 1955.

The petitioner seeks to implement the said direction as according to the petitioner, the private respondents have not complied with the direction mentioned in the said communication dated June 11, 2024.

In view of the bar imposed under SubSection (r ) to Section 2 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, the jurisdictional Land Reforms and Tenancy Tribunal is the appropriate jurisdictional forum and not this Court.

Accordingly, the petitioner shall be at liberty to apply before the jurisdictional Land Reforms and Tenancy Tribunal within a period of two weeks from date. The day, the application shall be filed, the same shall have to be registered on that day itself before the Tribunal.

The jurisdictional Tribunal then after hearing the parties to the said proceeding shall dispose of the same by passing a reasoned order as expeditiously as possible.

Accordingly, this writ petition, WPA 15708 of stands dismissed with the above observations.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)