Sukumar Das & ORS v. State Of West Bengal & ORS

13.07.2021 13.07.2021 Ct. No.10 b.das W.P.A. 19864 of 2019 (Via Video Conference) Sukumar Das & Ors.

Vs.

The State of W.B. & Ors.

Mr. M. Maity Ms. M. Sinha ...for the petitioner.

Mr. Soumitra Bandyopadhyay Mr. P. Batabyal ....for the State.

Heard the parties.

The grievance of the petitioner is directed against the cancellation of a 'patta' being Annexure P-4 to the writ petition. The petitioner also assails the execution of a deed of lease being Annexure P-5 to the writ petition by the respondent authorities.

Mr. Bandyopadhyay appearing on behalf of the State respondents submits that the instant writ petition is not maintainable in view of the provisions contained under Section 2(r), Section 6 and Section 8 of the West Bengal Land Reforms Act.

It is submitted on behalf of the petitioner that the representation made on behalf of the petitioner be considered by the respondent authorities in accordance with law.

I find that the grievances, which the petitioner raises in this petition are barred under the provisions of the West Bengal Land Reforms Act. The petitioner has an adequate statutory remedy which the petitioner ought to have availed before approaching this Court.

Accordingly, WPA 19864 of 2019 is dismissed as not being maintainable.

However, there will be no order as to costs.

The petitioner is granted liberty to avail of the statutory remedy, if so, advised in accordance with law. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Ravi Krishan Kapur, J.)