Eastern Chemical Industries v. Thika Controller, Kolkata Thika Tenancy
2016-10-04
DEBASISH KAR GUPTA, MD.MUMTAZ KHAN
body2016
DigiLaw.ai
JUDGMENT : 1. At the very outset our attention has been drawn towards a typographical error which took place in the order dated September 26, 2016 and the same is corrected as follows: Appearance on behalf of the K.M.C. is replaced by the respondent no. 2. 2. Let affidavit-in-opposition with regard to the preliminary objection raised by the respondent no. 2 and reply thereto filed on behalf of the petitioners be kept on record. 3. On the prayer made on behalf of Mr. Hirak Mitra, learned Senior Advocate appearing on behalf of the petitioners, the names of the petitioner nos. 2, 3, 4 and 5 as also the respondent no. 2 are expunged from the cause title. 4. The department is directed to take necessary steps accordingly. 5. This writ application is directed against a final order dated September 8, 2016 passed by the West Bengal Land Reforms and Tenancy Tribunal in M.A. No. 266 of 2013 arising out of O.A. No. 2452 of 2012 (LRTT). 6. Let affidavit-in-opposition be filed within one week after reopening of this Court after Puja Vacation; reply thereto, if any, be filed within one week thereafter. 7. Let this matter appear in the Daily Supplementary Cause List on November 18, 2016 under the heading “Hearing” on “Top”. 8. It is submitted by Mr. Pramit Kumar Ray, learned Senior Advocate appearing on behalf of the respondent no. 2, that the respondent no. 2 has been in possession in the property in question for a long time. 9. Status quo with regard to the possession over the property in question as of today shall be maintained till disposal of this writ application. 10. Let records relating to this matter be brought from the learned Tribunal on the aforesaid date of hearing.