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IN THE HIGH COURT AT CALCUTTA
HIRANMAY BHATTACHARYYA
Badartala Madhyamik Balika Vidyamandir a – Appellant
Versus
Principal Secretary, Land and Land Reforms and Refugee Relief and Rehabilitation Department – Respondent
JUDGMENT :
HIRANMAY BHATTACHARYYA, J.
1. The petitioner, a school, has filed this writ petition praying for issuance of a writ of Mandamus commanding the respondent authorities to allot/settle one acre land out of Dag No. 134 and for a direction upon the respondent authorities to conduct an enquiry/ administrative review of the entire process of sanction and execution of the long term lease granted in favour of the 12th respondent.
2. Petitioner states that since 2016, the authorities of the School approached the competent authorities for allotment of one acre of land out of Dag No. 134, J.L. No. 31 within mouza-Garden Reach for using the same as a playground by the girl students of the petitioner school as the said land is adjacent to the school. The District Inspector of Schools (SE), Kolkata submitted a comprehensive report dated 05.11.2020 confirming the petitioner’s need and recommending that the land be settled in favour of the school. The School Education Directorate, by a communication dated 14.03.2024, reiterated that a proposal for settlement of one acre of the said land in favour of the petitioner school had been transmitted to the Additional Secretary, Government of West B
The main legal point established in the judgment is that the West Bengal Land Reforms and Tenancy Tribunal had exclusive jurisdiction to entertain disputes touching the provisions of a 'specified Act....
Advocates appeared :For the Appellant : Ravish Agrawal, Sanjay Agrawal For the Respondent : Pushpendra Yadav, R. N. Singh, Akshay Pawar
The main legal point established in the judgment is that the respondent's application for long term settlement was not governed by the relevant notification, and the respondent did not have a legal r....
The resumption of land under Section 3-B cannot be solely based on observations of land lying fallow; substantial evidence of actual non-use for its intended purpose is required.
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