Provat Kumar Pal And ORS. v. State Of West Bengal And ORS.

D/L.4.

September 18, 2025.

MNS.

WPLRT No. 168 of 2024 + CAN 1 of 2025 Provat Kumar Pal and others Vs.

State of West Bengal and others Mr. Prosenjit Mukherjee, Mr. Arghya Kamal Das, Ms. Tiyasa Ghosh ... for the petitioners.

Mr. Suddhadev Adak, Ms. Arpita Mondal ...for the State.

1. The receipt showing service, filed today by the petitioners, be kept on record. It indicates that notice has been served on the State as per our previous direction.

2. In any event, the petitioners as well as the State are represented.

3. CAN 1 of 2025 has been filed by the petitioners for extension of the status quo order dated January 7, 2025 passed by the co-ordinate Bench then in seisin of the matter.

4. The said Bench had recorded that since the matter has been referred to the DL&LRO, Birbhum, for consideration and disposal within two months from the date of communication of the order of the co-ordinate Bench, the DL & LRO

would now be seized of the matter and it was expected that while considering the case, the DL&LRO would also address the issue of whether the BL&LRO was duly empowered to act as the Collector when passing the order under Section 4C

(5) of the Act of 1955.

5. Furthermore, the co-ordinate Bench, considering all the aspects and in the light of the jurisdictional issue raised, directed the parties to maintain status quo regarding the nature, character and possession of the property-in-question until February 28, 2025, or until the matter was considered and disposed of by the DL&LRO, whichever was earlier.

6. Till date, the petitioners allege that matter has not been decided by the DL & LRO.

7. We are unable to understand as to why the DL & LRO could not comply with the order although a specific direction was given to conclude the exercise within two months.

8. Be that as it may, merely due to the inaction on the part of the DL & LRO in complying the direction of the Court, the petitioners cannot suffer unnecessarily.

9. Accordingly, CAN 1 of 2025 is allowed on contest, thereby extending the order of status quo imposed on both parties by the order dated January 7, 2025, regarding the nature, character and possession of

the property-in-dispute, till disposal of the matter by the DL & LRO, Birbhum.

10. The DL & LRO shall positively dispose of the matter as early as possible, preferably by November 7, 2025.

11. There will be no order as to costs.

12. Urgent photostat certified copy of the order, if applied for, be supplied to the parties at an early date.

(Uday Kumar, J.) (Sabyasachi Bhattacharyya, J.)