Durgi Hansda v. State Of West Bengal & ORS

July 12, 2021 ARDR (43) WPA 22749 of 2019 Durgi Hansda Vs.

The State of West Bengal & Ors.

Mr. Avinaba Patra, ...for the petitioner.

Mr. Pinaki Dhole, Mr. Ram Ch. Guchait, ...for the State.

Mr. Srijib Chakraborty, Mr. Suvarnil Saha, ...for the respondent nos. 13 and 14.

The grievance of the petitioner is directed against an order dated 31st January, 2011 passed in L.A. case no. 98 of 2010 under the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

Heard Mr. Dhole appearing for the State.

Heard Mr. Chakraborty appearing for the respondent nos. 13 and 14.

It is submitted on behalf of the State respondents that there is an undue and inordinate delay in approaching this Court.

It is further submitted on behalf of the State that the impugned order is dated 2011 and the writ petition was filed in the year 2019.

I find that in view of Section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997,

the petitioner has an alternative efficacious statutory remedy available to her.

Accordingly, in view of the fact that the petitioner seeks to assail an order of 31st January, 2011 in the year 2019 and in view of the statutory alternative efficacious remedy available to the petitioner, I am of the view that the instant writ petition is not maintainable.

Hence, WPA 22749 of 2019 stands dismissed.

However, there will be no order as costs.

(Ravi Krishan Kapur, J.)