Arati Jana And ANR v. State Of West Bengal And ORS.

November 16, 2022 ARDR (69) WPA 19074 of 2022 Arati Jana & anr.

Vs.

The State of West Bengal & Ors.

Adv. Bhaskar Chandra Manna, ...for the petitioners.

Adv. Soumitra Bandyopadhyay, Adv. Subhasis Bandyopadhyay ...for the State.

Heard learned counsels for the parties.

The present writ petition challenges a notice issued by the Block Land & Land Reforms Officer, Bhagwanpur-I, Purba Medinipur under Sections 50 and 57 of the West Bengal Land Reforms Act, 1955.

Section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 defines the West Bengal Land Reforms Act, 1955 as a "specified Act".

Section 8 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, excludes jurisdiction of courts to deal with matters under the "specified Act" except where such court exercises writ jurisdiction under Articles 226 and 227 of the Constitution by a Division Bench, or any civil court, except the Supreme Court.

In view of such proposition of law as laid down in the Act itself, this Court has no jurisdiction to deal with the matter pertaining to Sections 50 and 57 of the West Bengal Land Reforms Act, 1955.

Accordingly, the writ petition being WPA 19074 of 2022 is dismissed as not maintainable.

There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

(Suvra Ghosh, J.)