Mohadev Majhi @Mohadev Mondal And ORS v. State Of West Bengal And ORS.

20.06.2024 mb

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE W.P.A. No. 15634 of 2022 Mohadev Majhi @ Mohadev Mondal & Ors.

Vs.

The State of West Bengal & Ors.

Mr. Harun-All-Rashid, ...for the petitioners Mr. Chandi Charan De, Ld. Addl. Govt. Pleader, Mr. Malay Kumar Singh, Mr. Rudranil De ...for the State The grievance of the petitioners is directed against an order dated June 23, 2022, which had been passed in an application for settlement. On behalf of the respondents it is submitted that this writ petition is not maintainable and the petitioner has an alternative efficacious remedy under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997. In support of such contention, the respondents rely on an unreported decision dated May 21, 2024 passed in M.A.T. 1363 of 2019 (Mothabari Dhibar Samabay Samity Ltd. Vs. Uma Kanta Halder & Ors.).

From a plain reading of the writ petition it is apparent that the writ petition is not maintainable and the petitioners have an alternative efficacious

remedy of appeal under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

In such circumstances, W.P.A. No. 15634 of 2022 stands disposed of on the ground of maintainability.

Liberty is granted to the petitioners to take appropriate steps in accordance with law, if so advised.

(Ravi Krishan Kapur, J.)