Baidyanath Kar & ORS v. State Of West Bengal & ORS

15.09.2023 Item No.1 Ct. No.5 CHC W.P.L.R.T. 219 of 2014 IA No: CAN/1/2023 Baidya Nath Kar & ors.

Vs.

The State of West Bengal & ors.

Mr. Jayanta Mitra ...for the petitioners Mr. Tapan Kr. Mukherjee, Sr. Advocate & A.G.P. ...for the State In Re: CAN/1/2023 CAN/1/2023 is an application for restoration.

For the ends of justice and on the basis of the pleadings made in the application, we recall the order of dismissal dated August 14, 2023 in W.P.L.R.T.219 of 2014.

CAN/1/2023 is allowed.

W.P.L.R.T. 219 of 2014 is restored to its file and number.

In Re: W.P.L.R.T.219 of 2014 The writ petitioners assails an order dated June 2, 2014 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A.2944 of 2013 (LRTT).

By the impugned order, the Tribunal observed that, there was alternative remedy available

to the writ petitioners and therefore, held the Original Application to be not maintainable under Section 10(3) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1977.

Nothing is placed before us to establish that the view taken by the Tribunal was contrary to law. In such circumstances, we are not minded to interfere.

W.P.L.R.T. 219 of 2014 is dismissed without any order as to costs.

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