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Calcutta High CourtWPLRT/169/2025allowed

Kanti Chattopadhyay @ Kantihari Chattopadhyaya v. State Of West Bengal And ORS.

2025-10-27Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Justice Uday Kumar4 pages

AD-31 Ct No.10 27.10.2025 TN WPLRT 169 of 2025 Kanti Chattopadhyay @ Kantihari Chattopadhyaya Vs.

The State of West Bengal and others Mr. Laskshminath Bhattacharya ....for the petitioner Mr. Gobinda Chandra Baidya, Mr. Aminul Islam ....for the private respondents 1.

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

The scope of the present challenge is limited. 3.

The petitioner, who is about 90 years old, had given a representation to the Block Land and Land Reforms Officer, Mograhat-II, Post-Mograhat and District: South 24 Parganas inter alia to the effect that the records of rights are required to be corrected in terms of the representation. Since no action was being taken thereon, the petitioner has moved the West Bengal Land Reforms and Tenancy Tribunal with such grievance.

4.

The private respondents have been directed to file objection thereto by the Tribunal and the matter has been fixed next for hearing on February 06, 2026. It is submitted that in view of the advanced age of the petitioner, the matter may be disposed of by the Tribunal expeditiously.

5.

Learned counsel appearing for the private respondents submits that the private respondents have already been directed by the Tribunal to file their written response to the application before the Tribunal. As such, it is submitted that the respondents may be permitted to do so.

6.

However, after going through the reliefs claimed in the Tribunal application bearing O.A. 1571 of 2025, we find that the primary relief is relief no. 2 which is a direction on the concerned B.L. & L.R.O to consider and dispose of the representation referred to above. Relief no. 1 in the Tribunal application is merely a reiteration of the substantive prayer made in the representation itself.

7.

Upon query of Court, Learned counsel for the petitioner submits that the petitioner does not want to press relief no. 1, since the same is, in any event, covered by relief no. 2 as appearing in the Tribunal application.

8.

Upon hearing learned counsel, we are of the opinion that since the petitioner is almost a nonagenarian, he should not be relegated to unnecessary legal wrangles, since substantive purpose of Courts and Tribunals is to do justice between the parties and not to waste time unnecessarily on procedural formalities. In any event, no substantive relief is pressed for before the Tribunal by the petitioner and the only prayer to which the

petitioner now restricts himself is a consideration of his representation regarding alteration in the records of records by the concerned B.L. & L.R.O.

9.

As such, instead of keeping the matter pending further before the Tribunal, we are inclined to direct the concerned B.L. & L.R.O to consider such representation.

10. Accordingly, WPLRT 169 of 2025 is allowed, thereby disposing of O.A. 1571 of 2025 pending before the Second Bench, West Bengal Land Reforms and Tenancy Tribunal and directing the respondent no.4, that is, the Block Land and Land Reforms Officer, Mograhat-II, District: South 24 Parganas to consider and dispose of the representation filed by the petitioner before the said B.L. & L.R.O, as annexed at pages-28 and 29 of the present application in accordance with law upon giving adequate opportunity of hearing to all concerned, including the present private respondents, and granting opportunity to the private respondents to file a written response to the representation of the petitioner. Both parties shall be permitted to rely on relevant documents, if necessary, by the B.L. & L.R.O before coming to any conclusion.

11. It is further clarified that the merits of the contentions of either of the parties have not been gone into and it

will be open to the B.L. & L.R.O to decide all questions involved duly in accordance with law.

12. It is expected that the concerned B.L. & L.R.O shall complete such exercise of disposal of the representation as expeditiously as possible, preferably within six months from the date of communication of this order to the B.L. & L.R.O.

13. There will be no order as to costs.

(Sabyasachi Bhattacharyya, J.) (Uday Kumar, J.)