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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Sekh Abdul Selim – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SABYASACHI BHATTACHARYYA, J.
1. Affidavit of service filed today be kept on record.
2. The present challenge has been preferred against an orderdated November 14, 2025, whereby the West Bengal Land Reforms and Tenancy Tribunal dismissed MA 1066 of 2025, which was an application made by the writ petitioners for review of the earlier order dated July 11, 2025 passed by the Tribunal.
3. The brief background of the case is that the vendor of thepresent petitioners had taken out an application, upon acquiring the subject property in the year 2008, for mutation in the name of the said vendor. Such mutation was granted. Subsequently, a sanction plan was also obtained by the said vendor from the appropriate authority for raising a construction on the subject plots.
4. Thereafter, when an application for rectification of therecording of the subject plot as “doba” was made by the said vendor of the present writ petitioners, the D.L. & L.R.O. concerned permitted the vendor to apply for conversion, upon which a conversion application was made before the concerned B.L. & L.R.O., giving rise to Conversion Cases No.1040 and 1041 of 2021.
5. However, the matter went up to the Tribunal and by
Conversion of water bodies is strictly prohibited without state approval under the Inland Fisheries Act, reaffirming authority to restore such areas and enforce statutory protections.
The central legal point established in the judgment is the requirement for a petitioner to have a legal right or interest in the subject matter to challenge a decision, as determined by the court's i....
Land classification correction from pond to homestead valid if change predates 24.03.1986 cut-off under Rule 166, supported by municipal records and field inspection confirming no waterbody.
Riverbed or water body land cannot be regularized under policy citing Section 132 of U.P.Z.A. & L.R. Act; writ courts cannot re-examine factual reports submitted by authorities.
The main legal point established in the judgment is the requirement for the court to issue a writ of certiorari in cases where there is a perversity in finding, particularly when the relevant facts h....
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