Gouranga Goswami And ORS v. The State Of West Bengal And ORS

01.04.2025 Ct. No.2 Rohit Calcutta High Court In the Circuit Bench at Jalpaiguri WPA 606 of 2025 Gourango Goswami & Ors.

-vs- The State of West Bengal & Ors.

Mr. Anirban Banerjee Mr. Dilip Ray Mr. Soumyajit Laskar ...for the Petitioners Mr. Hirak Barman Mr. Pretom Das ...for the State Affidavit-of-service filed in Court be taken on record.

The petitioner has challenged the notices issued under Section 51A(4) of the West Bengal Land Reforms Act, 1955 dated 7th of February, 2025.

West Bengal Land Reforms Act is a specified Act under Section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.

Section 6 of the 1997 Act states that the Tribunal shall with effect from the date as may be appointed by the State Government by notification in this behalf, exercise jurisdiction, power and authority in relation to a) Any order made by an authority under a specified act; b) an application complaining inaction or culpable negligence of an Authority under a specified act c) an appeal against an order of the mindst Tribunal appointed under Section 36 of the West Bengal Estate Acquisition Act, 1953; d)

applications let into matters under any provisions of a specified act or matters relating to any constitutional validity of any act under the provisions of a specified act; e) adjudication of matters, proceedings, cases and appeals will stand transferred from the High Court and other authorities to the Tribunal in accordance with the provisions of this Act.

After going through the writ petition and the annexures thereto, this Court finds that the challenge in this writ petition relates to matters under the provisions of the West Bengal Land Reforms Act, 1955 which is a specified Act under Section 2(r) of the 1997 Act. Section 8 of the 1997 Act states that on and from the date from which jurisdiction, power and authority become exercisable under the 1997 Act, by the Tribunal, the High Court, except where the Court exercises jurisdiction under Article 226 and 227 of the Constitution by a Division Bench, shall not entertain any proceeding or application or exercise any jurisdiction, power or authority in relation to adjudication or trial of disputes or applications relating to land reforms or any matter connected therewith or incidental thereto or any other matter under any provision of a specified Act. This Court is, therefore, not inclined to entertain this writ petition.

At this stage the learned Advocate appearing for the petitioner prays for leave to withdraw this application with liberty to approach the appropriate forum.

In the light of the submissions made on behalf of the petitioner, WPA 606 of 2025 stands dismissed as

withdrawn with liberty to the petitioner to approach the appropriate forum in accordance with law.

(Hiranmay Bhattacharyya, J.)