Sonam Omlen Karthak v. Block Land And Land Reforms Officer , Kalimpong - I And ANR

11.12.19 Ct. No. 2 Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Jurisdiction W.P.A. 975 of 2019 Sonam Omlen Karthak -VersusBlock Land & Land Reforms Officer, Kalimpong-I & Anr.

Mr. Bodhisatta Biswas ...For the Petitioner Mr. Debabrata Dhar Ms. Paramita Sahu ...For the State Respondents This is an application under Article 226 of the akb Constitution of India wherein the writ petitioner has challenged the impugned notice dated June 13, 2019 issued by the Block Land and Land Reforms Officer, Kalimpong-I, under Section 57 of the West Bengal Land Reforms Act, 1955.

Mr.

Debabrata Dhar, learned Assistant Government Pleader appearing on behalf of the State respondents submits that the writs against the issues relating to the West Bengal Land Reforms Act are amenable to the writ jurisdiction of the West Bengal Land Reforms Tribunal. He relies on a decision in the case of L. Chandra Kumar Vs. Union of India & Ors., reported in (1997) 3 SCC 261. I have heard learned Counsel appearing on behalf of the parties and perused the materials placed on record. In my view, the decision in L. Chandra Kumar (Supra) is applicable in the present facts and circumstances and the jurisdiction of the High Court is clearly barred under Article 323B of the Constitution of India and the present writ application should be filed before the appropriate Tribunal.

In the light of the above observation, this writ application is dismissed with liberty given to the petitioner to approach the appropriate forum for relief. There will be no order as to costs.

Urgent photostat copy of the order, if applied for, be supplied to the petitioner on priority basis. ( Shekhar B. Saraf, J.)