Dibakar Bhattacharya v. State Of West Bengal And ORS.

Form No. J(2) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side

Present:

The Hon'ble Justice Sabyasachi Bhattacharyya And The Hon'ble Justice Uday Kumar WPLRT 147 of 2025 Dibakar Bhattacharya Vs.

The State of West Bengal and others For the petitioner :

Mr. Ashim Kr. Roy For the State :

Mr. Supratim Dhar, Ld. Sr. Adv., Mr. Ram Chandra Guchhait For the respondent nos.5 to 9 :

Mr. Sandip Kumar Dey, Mr. Abhijit Sarkar, Mr. Abhik Chitta Kundu, Mr. Shoham Sanyal For the respondent nos.10 to 13 :

Mr. Sudip Kushari, Mr. Suman Bhattacharya Heard on :

11.09.2025 Judgment on :

11.09.2025 Sabyasachi Bhattacharyya, J.:- 1.

Affidavit-of-service filed today be kept on record. 2.

Learned counsel for the petitioner alleges that upon the petitioner's father/predecessor-in-interest having obtained an order under Section 51A of the West Bengal Land Reforms Act, 1955, an appeal

was preferred against the same. In connection with the appeal, an application for substitution of the petitioner in place and stead of his deceased father was allowed. However, subsequently an application for recall of the said order, bearing MA 340 of 2025, as well as an application for addition of party, bearing MA 1020 of 2025, were filed. 3.

It is submitted that the Tribunal is postponing dates for disposal of the said applications indefinitely, thereby delaying the ultimate disposal of the original application, to the detriment of the petitioner. Accordingly, an expeditious hearing is prayed for. 4.

Learned counsel appearing for the State as well as the private respondents point out that the Tribunal is functioning with truncated strength and, as such, it may be difficult for the Tribunal to dispose of the matters expeditiously.

5.

Upon considering the submissions of the parties, we find that albeit the Tribunal functioning without its full strength, that cannot be sufficient justification for the hearing of the interlocutory applications at the stage as in the present case being indefinitely delayed. In fact, after several adjournments, the matter has lastly been fixed on January 07, 2026, which is far off.

6.

Accordingly, taking into consideration the predicament of the petitioner, on balance with the situation faced by the Tribunal, WPLRT 147 of 2025 is disposed of by directing the Second Bench of the West Bengal Land Reforms and Tenancy Tribunal to dispose of all the connected applications in connection with OA 1284 of 2022

(LRTT), including MA 340 of 2025 and MA 1020 of 2025, as expeditiously as possible, positively within November 30, 2025 by shifting back the next date previously fixed. 7.

Thereafter, the Tribunal shall proceed to hear out and dispose of the main original application bearing OA 1284 of 2022 (LRTT) as expeditiously as the business of the Tribunal permits, preferably concluding the entire exercise by January 31, 2026. 8.

There will be no order as to costs.

9.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.) I agree.

(Uday Kumar, J.) AD-06 TN