Animaka Mahata And ORS v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side.

----------- 26.09.

Ct. No. 04 Ab WPLRT 91 of 2022 Anamika Mahata and others Vs.

The State of West Bengal and others.

--------------- Mr. Arunava Banerjee, Ms. Mamata Dutta.

... for the petitioners.

Mr. Naren Ghosh Dastidar.

... for the State.

The instant writ petition is filed against an order dated 24th July 2022 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA 1361 of 2019 (LRTT) on a limited ground.

According to the learned Advocate for the petitioners, the findings made in the said order do not affect the rights of the applicants of the tribunal application, but since there was no time limit within which the authority was directed to take a decision, the said authority proceeding in a pick and choose manner and till date has considered the grievance of the four of such applicants.

It is true that when fifteen applicants have jointly filed the application and a direction was passed upon the authority to hear out the representations in expeditious manner, it is not expected that the authority will do a cherry picking and take a decision upon the representations of four of such applicants and the others are kept in lurch.

We think that it is a fit case where the order needs to be modified to the extent that the District Land and Land Reforms Officer, Paschim Medinipur, shall dispose

of the representations of the other applicants except the four applicants for which the decision has already been taken, on priority basis and a decision must be taken within four weeks from the date of communication of this order.

In the light of the modification, as indicated above, the writ petition is disposed of.

There shall, however, be no order as to costs. Urgent photostat certified copy of this order, if applied for, be given to the parties within three days from date.

(Harish Tandon, J.) (Prasenjit Biswas, J.)