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2014 Supreme(Cal) 376

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Tapan Kumar Saphui – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Ashis Bagchi, Mr. Satyajit Mandal, Mr. Goutam Saphui, Mr. Suranjan Mandal, Ms. Malyasree Maity, Mr. Sukumar Bhunia.
For the State: Mr. Chandi Charan De, Mr. Supratim Dhar, Sk. Md. Galib.

Judgment

Jyotirmay Bhattacharya, J.

This writ petition is directed against the judgment and/or order passed by the West Bengal Land Reforms and Tenancy Tribunal on 24th June, 2011 in O.A. No. 333 of 2010 (LRTT) at the instance of the writ petitioners who were applicants before the Learned Tribunal.

Let us consider the merit of the writ petition in the facts of the instant case.

In a suit being Title Suit No. 9 of 1988 filed by the petitioner’s vendor viz. Ramapati Maity against the State of West Bengal & Anr., the right, title and interest of the petitioner’s vendor in respect of the disputed land was declared by the judgment and decree passed in the said suit on 26th September, 1989. While declaring the right, title and interest of the petitioner’s vendor in the suit property, it was held by the Learned Trial Judge that such declaration is subject to the ceiling limit of the raiyat under Section 14M of the West Bengal Land Reforms Act and/or retention of the same as per the Rules framed thereunder. The possession of the petitioner’s vendor in the suit property was confirmed. The defendants therein were restrained from disturbing such possession of the plaintiff therein on the plea of
























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