Kallol Tripathi And ORS. v. State Of West Bengal And ORS.

Court No. 2

IN THE HIGH COURT AT CALCUTTA

Constitutional Writ Jurisdiction Appellate Side W.P.A. 24245 of 2024 Kallol Tripathi & Ors.

VS The State of West Bengal & Ors.

04.10.2024 (Item No. 17) (AB) Ms. Salma Sultana Shah Mr. Sani Hossain Mr. Miraj Hossain Ms. Sneha Sarkar .... For the petitioners Mr. Ayan Banerjee Mr. Amrita Lal Chatterjee .... For the State respondents Affidavit of service filed in Court today is taken on record.

Ms. Salma Sultana Shah, learned advocate appears for the petitioners.

Mr. Amrita Lal Chatterjee, learned advocate led by Mr. Ayan Banerjee, learned State counsel appears for respondent Nos. 1 to 6.

The private respondent Nos. 7 and 8 are not represented, despite notice.

The principal grievance of the petitioners is that, the petitioners claimed that they are the rayat in respect of a particular land through their predecessors in interest. The private respondents manipulated the land records and enter their name. Civil Suit has been filed by the petitioners, which is pending before the jurisdictional Civil Court. Mr. Amrita Lal Chatterjee, learned State counsel has raised issue of maintainability of this writ

petition considering the reliefs claimed in the writ petition.

Learned counsel for the petitioners submits that, order of injunction has been passed by the Civil Court. The petitioners now claim correction of record of rights and/or the land records.

After considering the submissions made on behalf of the parties and upon perusal of the reliefs claimed in this writ petition it appears to this Court that, the primary relief claimed by the petitioners is correction of land records along with other consequential prayers. The representation made by the petitioners dated April 18, 2024 and July 19, 2024 are still pending before the respondent No. 3. In view of the provisions laid down under SubSection (r) to Section (2) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 this writ petition is not maintainable.

However, it is made clear that, this Court has not gone into the merits of this writ petition and the petitioners shall be at liberty to avail of appropriate remedy in accordance with law, if the petitioners chose to avail of such remedy within six weeks from date. In the event, such proceeding is initiated, the appropriate jurisdictional authority shall dispose of the same in accordance with law as expeditiously as possible.

Since affidavits are not called for, the allegations made in this writ petition are deemed not to have been admitted by the respondents.

With the above observations and directions this writ petition W.P.A. 24245 of 2024 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)