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2014 DIGILAW 606 (CAL)

Monoranjan Singha v. State of West Bengal

2014-07-09

ISHAN CHANDRA DAS, JYOTIRMAY BHATTACHARYA

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Judgment Jyotirmay Bhattacharya, J. The application of the petitioner no.1 under Section 14U(3) of the West Bengal Land Reforms Act is pending for disposal before the Block Land & Land Reforms Officer, Aushgram-I, Burdwan since June 2014. For expediting disposal of the said application by the Block Land & Land Reforms Officer, Aushgram-I, the petitioners moved a tribunal application being O.A. No. 1979 of 2014 (LRTT). The said tribunal application also remains unattended. Hence the petitioners have come before this Court with this writ petition seeking issuance of direction upon the Learned Tribunal for expeditious disposal of the said tribunal application. Having regard to the fact that the petitioner’s application under Section 14U(3) of the West Bengal Land Reforms Act appearing at page 47 of the writ petition is yet to be decided by the Block Land & Land Reforms Officer, Aushgram-I, we feel that no fruitful purpose will be served by sending the parties to the Learned Tribunal for disposal of the said tribunal application. On the contrary, we feel that justice will be sub-served if instead of sending the parties to the Tribunal, we dispose of this writ petition by directing the Block Land & Land Reforms Officer, Aushgram-I, Burdwan to dispose of the petitioner’s pending application under Section 14U(3) of the said Act. Accordingly, we dispose of this writ petition by directing the Block Land & Land Reforms Officer, Aushgram-I, Burdwan to consider the petitioner’s application under Section 14U(3) of the West Bengal Land Reforms Act appearing at page 47 of the writ petition and dispose of the same as early as possible preferably within a period of eight weeks from the date of communication of this order. The concerned authority is also directed to pass a reasoned order in support of its conclusion after giving a reasonable opportunity of hearing to the petitioners and the other interested parties. The concerned authority is also directed to intimate its decision to the petitioners immediately after the said proceeding is finally decided. Status quo with regard to the possession of the land in question will be maintained by the parties until such decision is taken by the concerned authority in the said proceeding. The writ petition is, thus, disposed of. In view of disposal of this writ petition in the manner as aforesaid, the tribunal application is also deemed to be disposed of. The writ petition is, thus, disposed of. In view of disposal of this writ petition in the manner as aforesaid, the tribunal application is also deemed to be disposed of. The Registry is directed to intimate this order to the Learned Tribunal immediately.