Calcutta High CourtWPA/18266/2019rejected

Sukumar Sinha Ray v. State Of West Bengal & ORS

2021-01-20Hon'Ble Justice Ashis Kumar Chakraborty2 pages

20.01.2021 ap 20 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPA 18266 of 2019 (Via Video Conference) Sukumar Sinha Vs.

The State of West Bengal & Ors.

Mr. B. Banerjee, Advocate, Mr. K. Mullick, Advocate, Mr. A.K. Upadhyay, Advocate, Mr. Parashar Baidya ... For the petitioner.

Mr. Chandi Charan De, Addl. G.P., Mr. Anirban Sarkar, Advocate ... For the State.

The relief claimed by the petitioner in this writ petitioner is on the basis of the declaration of Section 2(7) of the West Bengal Land Reforms Act as amended being ultra vires, by this Court can only be entertained by the West Bengal Land Reforms and Tenancy Tribunal constituted under Article 323B of the Constitution of India.

Thus, this writ petition, WPA 18266 of 2019 stands rejected on the ground of lack of jurisdiction. It is, however, clarified that if the petitioner approaches before the said tribunal, petitioner's prayer shall be expeditiously disposed of.

(Ashis Kumar Chakraborty, J.)