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Calcutta High CourtWPLRT/147/2024disposed

Abdul Haque And ORS. v. State Of West Bengal And ORS.

2024-11-19Hon'Ble Justice Tapabrata Chakraborty,Hon'Ble Justice Partha Sarathi Chatterjee2 pages

19.11.2024 19.11.2024 Ct. No. 11 Jayanta WPLRT 147 of 2024 Abdul Haque & Ors.

vs.

State of West Bengal & Ors.

Mr. S. Saha Md. Sk. Abu Musa ....For the Appellants.

Mr. Subrata Karmakar Mr. Ali Ahasan ....For the Respondent no.6.

Mr. Sk. Md. Gallib, Ld. Sr. Adv.

Ms. Sujata Mukherjee ....For the State/Respondents.

Affidavit-of-service, as filed, be kept on record. The present writ petition has been preferred challenging an order dated 10th September, 2024 passed by the learned Tribunal in the original application (in short, OA) being, OA 1739 of 2024. By the said order the learned Tribunal directed the respondent no. 4 herein to dispose of the representation submitted by the applicant/private respondent no. 6 herein by passing a reasoned order and after hearing all interested parties as expeditiously as possible preferably within six months from date of communication of the order. Mr. Saha, learned advocate appearing for the respondents/writ petitioners herein submits that the learned Tribunal had mechanically disposed of the OA which was preferred by the respondent no. 6

suppressing the fact that he had transferred the subject land and that at present he has no right, title and interest over the said land.

Such contention, however, has been disputed by Mr. Karmakar, learned advocate respondent no. 6 herein.

Mr. Galib, learned Senior advocate enters appearance on behalf of the State respondents. We have heard the learned advocates and considered the materials on record.

We do not find any justification or acceptable reason to interfere with the order impugned since the learned Tribunal has only relegated the matter to be considered by the competent authority upon granting opportunity of hearing to all the interested parties and as such direction has caused no prejudice to the petitioners herein.

In view thereof, no interference is called for in the present writ petition and the same is, accordingly, disposed of.

There shall, however, be no order as to costs. Urgent certified photocopy of this order, if applied for, be supplied as expeditiously as possible. (Partha Sarathi Chatterjee,J.) (Tapabrata Chakraborty,J.)