Tapas Kumar Bhunia v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE A-127 03.01.2025 Sc Ct. no.2 WPA 19244 OF 2024 -------------- Tapas Kumar Bhunia Vs.

The State of West Bengal & Ors.

Mr. Siddhartha Sarkar Mr. Akash Ghosh.

.... For the Petitioner Mr. Soumitra Bandyopadhyay Ms. Suchana Banerjee.

.... For the Respondent Nos. 1 to 5 Affidavit-of-service, filed in Court today, is taken on record.

Mr. Siddhartha Sarkar, learned counsel appears for the petitioner.

Mr. Soumitra Bandyopadhyay, learned senior State counsel appears for the respondent nos. 1 to 5. The private respondent nos. 6 to 16 are not represented, despite notice.

Learned counsel for the petitioner specifically submits that, notices were duly served upon the private respondents.

The sole grievance of the petitioner is that, the Appeal Case No.129 of 2002, Annexure-P4 at page 47 to the writ petition, is pending before the appellate

authority under Section 54 of the West Bengal Land Reforms Act.

Learned counsel for the petitioner further submits that, all the private respondents herein are the parties to the said appeal, pending before the appellate authority. In view of the above, the jurisdictional appellate authority, upon issuing a prior hearing notice of at least seven days, fixing the date and time of hearing before it, to the parties to the said appeal and after granting them an opportunity of hearing shall dispose of the said appeal by passing a reasoned order in accordance with law. The appeal shall be disposed of by the jurisdictional appellate authority within a period of six months from the date of communication of this order.

This Court has not gone into the merits of this writ petition or the merits of the case of any of the parties and the parties to the appeal shall be at liberty to urge their respective points before the jurisdictional appellate authority.

The appellate authority shall dispose of the appeal with its independent mind in accordance with law and without being influenced by observation, if any, made by this Court.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions, this writ petition, WPA 19244 of 2024 stands disposed of, without any order as to costs.

The petitioner shall serve a copy of today's order upon the non-appearing respondents.

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

(Aniruddha Roy, J.)