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2023 Supreme(Cal) 976

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Yeh Chi Hui – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Ashok Kumar Banerjee, Md. Alaudding Mondal, Mr. Anirban Bose.
For the Respondents: Mr. T.M. Siddiqui, Mr. Mrinal Kanti Ghosh, Ms. Afrin Nahar Mondal.

JUDGMENT :

(Debangsu Basak, J.) :

1. Writ petitioners have assailed the order dated December 8, 2022 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA No. 2654 of 2017.

2. Before the tribunal, the writ petitioners had questioned the legality, validity and proprietary of the order dated June 15, 2017 passed by the appellate authority in connection with an appeal arising out of order dated August 4, 2016 passed by the prescribed authority exercising jurisdiction under Section 14 T (3) of the West Bengal Land Reforms Act, 1955.

3. By the impugned order, the tribunal had found the writ petitioners to be pre-vesting purchasers. The tribunal had held that the acquisition of land was a form of transfer and therefore the authorities correctly invoked Section 14 T (3) of the Act of 1955 and that the writ petitioners were not entitled to challenge the vesting proceedings and were not entitled to any benefit under Section 14 U (3) of the Act of 1955. The tribunal however had granted liberty to the writ petitioners to apply for benefits under Section 14 U (3) of the Act of 1955 before the appellate authority within the time specified therein.

4. Learned senior advocate appearing

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