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2023 Supreme(Cal) 1082

DEBANGSU BASAK, MD. SHABBAR RASHIDI
Nawal Sultania – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioners: Mr. Arindam Banerjee, Mr. P.K. Jewrajka, Ms. Arpita Saha, Ms. Pooja Jewrajka.
For the Respondents: Mr. T.M. Siddiqui, Ld. AGP, Mr. A. Banerjee, Mr. Ashok Kumar Banerjee, Mr. Asif Hussain, Ms. Labani Pan.

JUDGMENT :

Debangsu Basak, J.

1. Writ petitioners have assailed the order dated May 17, 2022 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA No. 393 of 2015 (LRTT).

2. By the impugned order, the learned Tribunal has dismissed the original application being OA No. 393 of 2015 filed by the writ petitioner. The appellants had approached the learned Tribunal under Section 12 of the West Bengal Thika Tenancy (Acquisition and Requisition) Act, 2001 assailing the order in original dated December 31, 2014 of the Thika Controller dismissing the application of the appellants seeking declaration that the properties in question were vested with the State under the provisions of the West Bengal Thika Tenancy (Acquisition and Requisition) Act, 2001 and that the appellants were thika tenants in respect of the properties concerned.

3. Learned advocate appearing for the writ petitioners has submitted that, the appellants entered into possession of the immovable property concerned by virtue of a written agreement dated September 20, 1997. He has referred to such written agreement. He has submitted that, although the written agreement claims that license was granted to the writ petition

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