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2007 Supreme(Cal) 388

BHASKAR BHATTACHARYA, KISHORE KUMAR PRASAD
Niranjan Chatterjee – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
For the Appearing Parties:Kishore Mukharji, Sitaram Samanta, Advocates.

Judgment :-

(1). This application under Article 226/227 of the Constitution of India is at the instance of unsuccessful applicants before the West Bengal Land Reforms and Tenancy Tribunal and is directed against the order dated 6th March, 2007 passed by the said Tribunal in O.A. Mo. 3110 of 2005 (LRTT) thereby dismissing the application filed by the writ petitioners. In dismissing the application filed by the writ petitioners, the Tribunal was of the opinion that the B.L. and L.R.O concerned was under no obligation to honour the decree passed by a Civil Court declaring title of the predecessor-in-interest of the writ petitioners in the property and passing a further decrae for the permanent injunction restraining the State respondent from disturbing the possession of the decree holder. The Tribunal further came to the conclusion that ignoring the said decree the proceeding under section 14T (3) of the Act should continue.

(2). Therefore, two questions arise for consideration in this application under Article 226 of the Constitution of India. First question that arises for determination in this writ application is whether a tribunal constituted under West Bengal Land Reforms and Tena




















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