Judgment Jyotirmay Bhattacharya, J. Challenging the legality of the order passed by the appellate authority on 1st January, 2008 in Purba Medinipore Appeal Case No. 19 of 2001 in connection with a proceeding for Restoration of Alienated Land Act, a tribunal application was filed by the petitioner before the West Bengal Land Reforms and Tenancy Tribunal, First Bench. The said tribunal application which was registered as Case No. O.A. 2021 of 2008 (LRTT) was dismissed by the Learned Tribunal by holding, inter alia, that the said tribunal application is a misconceived one as the tribunal has no jurisdiction to pass any order to stop nefarious activity of the respondents in the land in question. The legality and/or validity of the said order passed by the Learned Tribunal on 4th February, 2009 in Case No. O.A. 2021 of 2008 (LRTT) is under challenge before us in this writ petition. Heard the learned counsel appearing for the parties. Considered the materials on record. On perusal of the tribunal application, we find that the order of the appellate authority passed on 1st January, 2008 in Appeal Case No. 19 of 2001 was challenged by the petitioner before the Learned Tribunal. Nefarious activity of the respondents was not pleaded in the said tribunal application. With due respect to the Tribunal, we hold that the Learned Tribunal passed the impugned order without appreciating the real issue raised in the tribunal application. The impugned order thus stands set aside. The tribunal application being O.A. No. 2021 of 2008 (LRTT) is sent back to the Learned Tribunal on remand for fresh consideration of the tribunal application on merit. The Learned Tribunal is requested to dispose of the said tribunal application as early as possible preferably by the end of October 2014 without causing any further delay. The writ petition is, thus, disposed of.