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

09.06.2023 KAUSHIK WPLRT 137 of 2022 Smt. Sujata Jana & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Manoranjan Jana Mr. Radheshyam Maity ... for the petitioners The writ petitioner claims to be entitled to 'patta' in respect of government property.

Writ petitioner approached the Tribunal by way of O.A. 2787 of 2019, which was disposed of by an order dated March 11, 2020 requiring the concerned Block Land and Land Reforms Officer (BL&LRO) to dispose of the representation made by the writ petitioner by passing a reasoned order within a period of six months from the date of communication of this order after hearing all interested parties in accordance with law.

The concerned BL&LRO by an order dated August 23, 2022 found that two plots of land, over which the petitioner was claiming 'patta' under Section 49 of the West Bengal Land Reforms Act, 1955, were vested in favour of the collector, West Bengal. BL&LRO by the order dated August

23, 2022 and forwarded the application of the writ petitioner to the 'Bon-O-Bhumi-Sanakar Sthayee Samities'. The writ petitioner, therefore, approached the Tribunal by way of M.A. 798 of 2021 claiming that the order passed in O.A. 2787 of 2019 dated March 11, 2020 was not complied with.

The learned Tribunal noted the conduct of the concerned BL&LRO by the order dated August 23, 2022 and found that the order of the Tribunal dated March 11, 2020 was substantially complied with and, therefore, declined to intervene.

We find no material irregularity in the learned Tribunal taking the view as recorded in the impugned order dated March 11, 2020. However, since the application of the petitioner for grant of 'patta' is still pending, it would be appropriate to direct the Bon-O-Bhumi-Sanakar Sthayee Samity to consider and decide the application of the writ petitioner after hearing all the concerned parties expeditiously and preferably within six months from date and to communicate its reasoned order to the writ petitioner forthwith.

WPLRT 137 of 2022 is disposed of accordingly without any order as to costs.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)