Sri Sri Shib Thakur Jew Rep. By The Shebaits Anupada Ghosh And ANR v. State Of West Bengal And ORS.

07-06-2023 ct no. 5 sl. no. 16 sp WPLRT 181 of 2022 Sri Sri Shib Thakur Jew, represented by Shebaits & Ors. -Vs.- The State of West Bengal & Ors.

Mr. Allen Felix ...for the petitioners Mr. Abdus Salam ....for the respondent no.4 Challenges in the writ petition is directed against the order dated September 29, 2022.

By the impugned order, the learned Tribunal noted the presence of the respective parties. The learned Tribunal directed service of the copy of the original application upon the private respondent nos.

4. a, b, c and d. The District Land & Land Reforms Officer, Purba Burdwan was directed to cause production of LCR (43/2016) by the date fixed. The learned Tribunal noted the point of the maintainability of the original application. The learned Tribunal did not return any finding on the issue of maintainability but permitted the respondent nos. 4. a, b, c and d to raise the issue of maintainability in the affidavit-inopposition allowed to be filed. The learned Tribunal fixed the original application for hearing as 'Motion' on November 20, 2023.

No rights of the parties were adjudicated by the learned Tribunal by the impugned order. The issue of

maintainability is yet to be decided. The learned Tribunal invited affidavits in order to decide all the issues finally.

We find no material irregularity in the impugned order and the approach taken by the learned Tribunal. Endeavour of the Tribunal should be to hear and dispose of the matter expeditiously rather than be bogged down by issues which impede the disposal of an original application finally, which the Tribunal did in the present case.

As noted above, the issue of maintainability is yet to be decided. The respondent nos. 4. a, b, c and d before us, cannot be said to be prejudiced by the impugned order in any manner whatsoever.

In such circumstances, we find no merit in the present writ petition.

WPLRT 181 of 2022 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)