Jiyarul Kayal v. State Of West Bengal And ORS.

03/10/2025 Ct. No. 6 D/L - 59 (Vacation Bench) SM/SK WPA 23779 of 2025 Jiyarul Kayal Vs.

State of West Bengal & Ors.

Mr. Aditya Mondal ......for the petitioner Mr. Arindam Chattopadhyay Ms. Lipika Chatterjee Mr. Pradip Paul ......for the State.

1. Affidavit of service filed in Court today is taken on record.

2. Learned advocates for the parties are present.

3. Heard the learned advocates for the parties.

4. The petitioner in the instant case has challenged the notice issued by the Block Land and Land Reforms Officer, Block - Basanti, District - 24 Parganas (South).

5. It is the contention of the writ petitioner that the notice is issued for hearing without making the petitioner a necessary party.

6. Mr. Chatterjee, learned advocate for the State submits that this Court has no jurisdiction to entertain this application as the Land Reforms and Tenancy Tribunal is conferred with the power of adjudicating these disputes. The submission of Mr. Chatterjee has some force.

7. Thus, this writ application is disposed with liberty to the writ petitioner to agitate all relevant provisions of law before the Land Reforms and Tenancy Tribunal and if such, application is made, the Tribunal may consider and decide the same in accordance with law.

8. It is hereby made clear that this Court has not gone into the merits of the case and all points will be left open to be decided by the learned Tribunal.

9. Mr. Chatterjee, learned advocate for the State is requested to see that in the meantime the authorities do not take any steps prejudicial to either of the parties in the event, no order is passed in the meantime.

10.

Accordingly, the writ petition stands disposed of.

11.

All parties shall act on the basis of the server copy of this order duly downloaded from the official website of this Court.

(Biswaroop Chowdhury, J)