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2009 Supreme(Cal) 87

KALYAN JYOTI SENGUPTA, PRASENJIT MANDAL
Sakti Ranjan Maity – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocates Appeared:
S. B. Bhunia, Usha Maity for the petitioner in W.P.L.R.T. 927 of 2002;
Ashok Maity, Sakya Maity for the petitioner in W.P.L.R. T. 926 of 2002; W.P.L.R.T. 793 of 2003 and W.P.L.R.T. 794 of 2003;
Manjari Gupta, Runu Mukherjee for the State respondents.

JUDGMENT

Kalyan Jyoti Sengupta, J.: All those matters are concerned with common judgment and order passed by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as the learned Tribunal) dated 4th March, 2002 which disposed of two transfer applications being T.A. No. 81 of 2000 and T.A. No. 94 of 2002. Both these transfer applications heard and disposed of by the learned Tribunal, were originally two separate writ petitions filed in this Court being WP No. 29433 (W) of 1997 and WP No. 1473(W) of 1998. These two writ petitions were filed when the learned Tribunal was not set up, and consequent upon setting up of the said Tribunal by the appropriate Act both the writ petitions stood transferred by operation of law. The first writ petitions being WP No. 29433 (W) of 1997 was filed by one Ajit Kumar Maity, since deceased whereas the second one was filed by Sri Sakti Ranjan Maity, applicant before us. During pendency of the first writ petition Ajit died intestate and as such Sakti was substituted in his place and stead in his application. In both the matters above along with other two matters, WPLRT 793 of 2003 and WPLRT 794 of 2003, are having origin of the same in































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