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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, SUPRATIM BHATTACHARYA
Jai Balaji Infotech Private Limited – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. Heard learned counsel for the parties.
2. In view of the limited ambit of the challenge, we take up the writ petition itself for final disposal.
3. The writ petitioner relies on a purchase deed dated May 12, 2010 to stake claim to title in the subject property.
4. Pursuant to such purchase, the name of the petitioner was mutated in the concerned records on August 05, 2010.
5. Subsequently, however, it came to the notice of the petitioner that the records have been amended, removing the name of the petitioner and incorporating the name of the private respondents. Upon coming to know of the same, an original application, bearing OA No. 3337 of 2012 (LRTT), was filed before the West Bengal Land Reforms and Tenancy Tribunal by the petitioner, thereby substantially challenging the removal of the name of the writ petitioner from the records on the strength of the recording of the subject property as a thika tenancy.
6. During pendency of the said proceeding, it was disclosed before the Tribunal by the State that an order was passed by the Thika Controller on August 26, 2011 declaring the property as a thika property.
7. Learned senior counsel appearing
The provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, are not attracted where no tenancy is created and the parties are merely licensees.
The Thika Controller's jurisdiction post-2010 amendment allows adjudication on whether land is thika land, which was not within its power before this amendment.
The determination of Thika Tenancy rights must be adjudicated by the Thika Tenancy Tribunal, not a civil court, as per the provisions of the West Bengal Thika Tenancy Act.
The court established that excessive delay in filing appeals, without sufficient justification, cannot be condoned, particularly in tenancy matters where the rights of tenants are protected under the....
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