G S Fertiliser Ltd v. State Of West Bengal And ANR

18.01.2022 sb Ct 10

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE (Through Video Conference) WPA 16708 of 2021 G. S. Fertilisers Private Limited Vs.

The State of West Bengal & Ors.

Mr. Pranit Bag .... For the petitioner.

Mr. Susovan Sengupta.

... For the State.

Heard the learned counsels for the parties.

It is submitted on behalf of both the parties that the petitioner be given an opportunity to approach the West Bengal Land Reforms and Tenancy Tribunal for redressal of his grievance and a direction be given upon the Tribunal to dispose of the said application within a stipulated frame of time.

In view of the above, the writ petition is disposed of with liberty to the petitioner to file an application before the West Bengal Land Reforms and Tenancy Tribunal within a week from date. Such application shall be considered by the learned Tribunal on merits, without going into the issue of period of limitation for filing such application, within a period of two months from the date of filing of the application, in accordance with law.

It is made clear that this Court has not entered into the merits of the case and the petitioner shall be at liberty to place all the points contended in the writ petition before the Tribunal at the time of hearing. With the above observations and directions, WPA 16708 of 2021 is disposed of. However, there shall be no order as to costs.

Since no affidavit is invited, the allegations contained in the petition are deemed not to be admitted. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)