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2014 DIGILAW 519 (CAL)

Kartik Dey v. State of West Bengal

2014-06-18

ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA

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JUDGMENT Jyotirmay Bhattacharya, J. : Admittedly the petitioners are post vesting transferees. Petitioners submitted an application before the Block Land & Land Reforms Officer, Chakdaha, Nadia claiming reliefs under Section 14U(3) of the West Bengal Land Reforms Act, 1955. Since the said application is pending for disposal before the concerned B.L.&L.R.O. since 22nd November, 2013, the petitioners filed a tribunal application being OA No. 3367 of 2013 (LRTT) before the West Bengal Land Reforms and Tenancy Tribunal seeking issuance of direction upon the concerned B.L.&L.R.O. for expeditious disposal of the petitioners’ said application under Section 14U(3) of the said Act appearing at page 32 of this writ petition. Since the Learned Tribunal refused to pass any interim order in favour of the petitioners, the petitioners came before this Court with this writ petition. As a matter of fact, the petitioners prayed for an interim injunction for restraining the respondents from disturbing their possession in respect of the land in question until the said tribunal application is decided. Be that as it may, while entertaining this writ petition, this Court passed an interim order on 15th May, 2014 whereby the parties were directed to maintain status quo as regards possession in the land in dispute till the end of June 2014 or until further order whichever is earlier. It was also directed that in the event possession of the disputed land had already been taken by the State-respondents, the State-respondents will not distribute the same and/or create any third party interest therein till the end of June 2014. After hearing the learned advocates of the parties and after considering the materials on record, we feel that since the concerned B.L.&L.R.O. has not yet decided the petitioners’ application under Section 14U(3) of the said Act, justice will be subserved, if instead of sending the parties to the Learned Tribunal for disposal of the said tribunal application, we dispose of this writ petition by directing the concerned B.L.&L.R.O. to dispose of the petitioners’ application under Section 14U(3) of the said Act appearing at page 32 of this writ petition at an early date. Accordingly, we dispose of this writ petition by directing the Block Land & Land Reforms Officer, Chakdaha, Nadia to consider and dispose of the petitioners’ application under Section 14U(3) of the said Act appearing at page 32 of this writ petition by passing a reasoned order after giving a reasonable opportunity of hearing to the petitioners and the other interested parties positively within a period of eight weeks from the date of communication of this order. Interim order which was passed by this Court on 15th May, 2014, as mentioned above, will continue till the disposal of the petitioners’ application under Section 14U(3) of the said Act. The writ petition is, thus, disposed of. Since the writ petition is disposed of at the motion stage without inviting any affidavit from any of the parties, let it be recorded that the allegations made by the petitioners in this writ petition are not deemed to be admitted by the respondents. In view of disposal of this writ petition in the manner as aforesaid, the said tribunal application is deemed to be disposed of. Let this order be communicated to the Learned Tribunal by the Registry immediately.