Bijay Krishna Maity v. State Of West Bengal And ORS.

D/L14 25.11.2025 Rohit ct.no.16

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE WPLRT 189 of 2025 Bijay Krishna Maity

Versus

State of West Bengal &Ors Mr. Santi Pada Pahari ...for the Petitioner Mr. Sk. Md. Galib Ms. Sujata Mukherjee ...for the State Respondents

1. Affidavit-of-service filed in Court today be kept with the record.

2. The grievance of the petitioner is that when the petitioner, challenging the inaction of the BL&LRO in non-consideration of the representation of the petitioner regarding correction of the records of rights, approached the concerned Tribunal, the Tribunal, while directing the BL&LRO to dispose of the representation of the petitioner within a period of three months from the date of communication of its order, included a rider that such disposal shall be in terms of the status report dated May 19, 2025 authored by the BL&LRO himself.

3. Upon hearing learned Counsel for the parties, we find that the said observation, without any further clarification, would tantamount to pre-judging the disposal by the BL&LRO, since the status report was furnished by the BL&LRO himself, who would be the adjudicating authority in terms of the direction of the Tribunal.

4. Accordingly, WPLRT 189 of 2025 is disposed of by modifying the impugned order dated May 20, 2025 passed by the 4th Bench, West Bengal Land Reforms and Tenancy Tribunal in O.A 1120 of 2020 (LRTT) to the extent that the BL&LRO, while disposing of the matter in terms of the direction of the Tribunal, shall not only consider the status report furnished by the said BL&LRO but also grant adequate opportunity to the petitioner but also grant adequate opportunity to the petitioner to controvert the contents of the said status report as well as to produce documentary or other evidence in support of the petitioner's case before the BL&LRO.

5. It is further made clear that the BL&LRO shall give adequate opportunity of hearing and production of documents to all concerned

parties before coming to a conclusion in terms of the direction of the Tribunal.

6. However, since the time limit of three months as stipulated by the Tribunal has already lapsed, partially due to the pendency of the present challenge, we extend the time for disposal of the matter by the BL&LRO in terms of our above observations till January 31, 2026.

7. The BL&LRO, while so disposing, shall not be influenced on merits of the matter either by the observations made by this Court or the Tribunal in any manner whatsoever.

8. No order as to costs.

9. Urgent certified website copies of this order, if applied for, be given to the parties upon compliance with all requisite formalities.

(Sabyasachi Bhattacharyya, J.) (Supratim Bhattacharya, J.)