Naba Kumar Basak vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Cal) 507

IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Naba Kumar Basak – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellants : Ankit Agarwal, Alotriya Mukherjee, Arpita Paul Biswas
For the Respondents: Chandi Charan De, Reshma Chatterjee, Soumitra Bandopadhyay, Suchana Banerjee, Mihir Kr. Das, Swadhin Pan, Gopal Ch. Ghosh, Rajkrishna Mondal, Suravi Ghosh

JUDGMENT :

SABYASACHI BHATTACHARYYA, J.

1. The present challenge has been preferred against a judgment of the West Bengal Land Reforms and Tenancy Tribunal, whereby the learned Tribunal directed physical possession of the subject land to be restored to the private respondents after eviction of the present petitioners, who were held to be illegal occupants in respect of the said land. While doing so, the learned Tribunal observed inter alia that while a civil decree had been passed in favour of “a certain Basak family members” the said decree had not been executed by recourse to due process prescribed under the Code of Civil Procedure and that there was no material to demonstrate that the decree was put into execution, nor was there any delivery of possession recorded under Order XXI of the Code of Civil Procedure. The learned Tribunal further observed that it is well-settled that a decree of declaration of title does not ipso facto terminate possession recorded under a statutory regime unless followed by lawful execution proceedings.

2. Being aggrieved by the said judgment, the present two writ petitions have been filed.

3. The petitioners in WPLRT 5 of 2026 were not parties to the ori