Mustafiz Hasan And ORS. v. State Of West Bengal And ORS.

26.09.2024 Item No.10 Crt.No.02 b.r. WPA 17014 of 2023 Mustafiz Hasan & Ors.

-vsThe State of West Bengal & Ors.

Mr. Swarup Banerjee Mr. Sajan Kumar Ghosh Mr. Subham Biswas .... For the petitioners.

Mr. Soumitra Bandyopadhyay Mr. Priyabrata Batabyal Mr. Srinath Singha roy .... For the State-respondents.

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

The petitioners claim following reliefs:- "b) A writ of or in the nature of Mandamus do issue directing the Respondent Authorities their men and agent to reinstate the names of the Petitioners in the Record of Right floated in the website of the Department of Land & Land Reforms Office and to communicate its formal order on the basis of the Petitioners' representation dated 13th April, 2023 being annexure "p-5"hereto."

In view of the provisions laid down under SubSection-R to Section 2 to the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, this

writ petition is not maintainable before this Court in its writ jurisdiction.

Accordingly, the petitioners shall be at liberty to file appropriate proceeding before the jurisdictional Land Reforms and Tenancy Tribunal positively within a period of two weeks from date on or before November 18, 2024.

In the event, such an application is filed before the jurisdictional Tribunal, the learned Tribunal shall dispose of the same in accordance with law and after granting an opportunity of hearing to the parties to such application preferably within a period of eight months from the date of registration of the application before the Tribunal. It is made clear that the Court has not gone into the merits of the writ petition and the petitioners shall be at liberty to take whatever points they wish to take by relying whatever records and documents before the learned Tribunal.

With the above observations and directions, this writ petition, WPA 17014 of 2023 stands disposed of without any order as to costs.

(Aniruddha Roy, J.)