Debi Chhetri And ORS v. State Of West Bengal And ORS

05.12.2023 Sl. No. 18 Court No.2 Sandip In the Calcutta High Court Circuit Bench at Jalpaiguri Appellate Side WPA 2276 of 2023 Smt. Debi Chhetri & Ors.

vs.

The State of West Bengal & Ors.

Mr. B. P. Subba, Mr. Bikash Singha ... for the petitioners Mr. Hirak Barman, Mr. Pretom Das ... for the State The petitioners are aggrieved by the erroneous recording in the Record of Rights of the lands in respect of which they are claiming to have right, title and interest.

Mr.

Subba, learned counsel for the petitioners submits that though his clients are proposing to prefer an appeal under the relevant provisions of The West Bengal Land Reforms Act, 1955 against the said wrong entries in the Record of Rights of their lands but to protect their interest, the concerned authority may be directed not to make any further change in the said Record of Rights till the appeal is filed.

The jurisdiction under Article 226 of the Constitution of India cannot be invited to get the order of injunction as prayed for. The petitioners have remedies by way of appeal and they are free

to pray for such an order of injunction in the said appeal.

For the reasons discussed above, W.P.A. 2276 of 2023 is dismissed without any order as to costs. Parties to act on the server copy of this order duly downloaded from the official website of this Court.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Biswajit Basu, J.)