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2016 DIGILAW 794 (CAL)

Pradip Pal v. State of West Bengal

2016-10-04

SAHIDULLAH MUNSHI

body2016
JUDGMENT : 1. Affidavit of service, filed in Court today, be taken on record. 2. In this writ petition the petitioner has prayed that he has filed an application to the Officer-in-Charge, Town Survey Unit, Howrah for correction of record of rights by deleting the name of one thika tenant. Such deletion has been accepted by the authority by virtue of an Order dated 27th May, 2016 passed under Section 44(2a) of the West Bengal Estate Acquisition Act, 1953. The petitioner apprehends that correction may not be made only a direction was passed to act in terms of the aforesaid Order dated 27th May, 2016. 3. Mr. Lakshmi Gupta, learned Additional Advocate General appears for the State submits that the application filed by the petitioner on 9th June, 2016 is purely on apprehension. There is no reason that the authority will not rectify the records if an order has already been passed under Section 44 (2a) of the West Bengal Estate Acquisition Act, 1953. Mr. Gupta also submits that in view of the fact that the matter is covered under the specified act namely Land Reforms Act, Estate Acquisition Act and there is no reason to entertain the present writ petition. He further submits that in view of the decision rendered by the Hon’ble Supreme Court in L. Chandra Kumar Vs. Union of India and others reported in AIR 1997 SC 1125 , the High Court under Article 226 of the Constitution of India cannot usurp the power of the Tribunal. 4. In that view of the matter, this Court holds that the writ petition is not maintainable. Accordingly, the writ petition is dismissed. It is made clear that nothing has been decided on merit. 5. However, the order of dismissal shall not prevent the petitioner to file appropriate application before the Land Reforms Tribunal making similar prayer.