Sekh Rejaul And ANR. v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 14 10.12.2024 Sc Ct. no.2 WPA 27884 OF 2024 -------------- Sekh Rejaul & Anr.

Vs.

The State of West Bengal & Ors.

Ms. Pampa Dey (Dhabal) .... For the Petitioners Mr. Chandi Charan De, AGP Ms. Reshma Chatterjee.

.... For the Respondent Nos. 1 to 7 Affidavit-of-service, filed in Court today, is taken on record.

Ms. Pampa Dey (Dhabal), learned advocate appears for the petitioners.

Mr.

Chandi Charan De, learned Additional Government Pleader appears for the respondent nos. 1 to 7.

Private respondent no.8 is not represented.

The petitioners pray for the following prayer in the writ petition :

"(a) A writ in the nature of Mandamus commanding the respondents, their agents, servants and associates and each one of them to quash the proceedings being Mutation case being No.MN/2024/0121/3991, dated 27.04.2024 and setting aside the Execution order dated 31.05.2024 in respect with L.R.Plot bearing No.1213, Khatian No.75/1 and 87, mouzaPurbanaldanga, J.L.No.072 under the police station-Patrasayer, in the District of Bankura and further commanding them to take into consideration the Principle of Natural Justice and

further commanding the respondent no.6 and 7 to take fresh decision after giving opportunity of hearing to the petitioners by way of submitting the written objection and after hearing the petitioner in connection with the Mutation case being No.MN/2024/0121/3991, dated 27.04.2024 in respect with L.R.Plot No.1213, Khatian No.75/1 and 87, mouzaPurbanaldanga, J.L.No.072 under the police station-Patrasayer, in the District of Bankura." After hearing the submissions made on behalf of the parties and from the reliefs claimed in the writ petition it appears that, the impugned order is appealable under Section 54 of the West Bengal Land Reforms Act, 1955.

It is made clear that this Court has not gone into the merits of the writ petition.

In view of the above, this writ petition, WPA 27884 of 2024 stands dismissed, without any order as to costs. The petitioners shall be at liberty to prefer necessary appeal before the competent appellate authority.

In the event an appeal is preferred before the appellate authority, the same shall be disposed of preferably within one year from the date of filing of the appeal.

(Aniruddha Roy, J.)