CALCUTTA HIGH COURT
SANJIV KUMAR AGARWAL – Appellant
Versus
THE STATE OF WEST BENGAL AND ORS. – Respondent
WPA 2399 / 2025
15th Dec., 2025 High Court at Calcutta Item no.D/L 25 Court No. 02 In the Circuit Bench at Jalpaiguri Pradip, A.R.(Ct.)
Constitutional Writ Jurisdiction Appellate Side Case No. WPA 2399 of 2025 In the matter of :
Sanjiv Kumar Agarwal …. Petitioner VS.
The State of West Bengal & Ors.
….Respondents For the Petitioner:
Mr. Dr. Navin Barik Ms. Esha Acharya ….Advocates For the State:
Mr. Hirak Barman Ms. Pratusha Dutta Chowdhury ….Advocates For the Intervenors:
Mr. Bikash Ranjan Bhattacharya, Sr. Adv.
Mr. Supratim Dhar Mr. Bikramaditya Ghosh Mr. Suman Bhattacharyya Mr. Subrata Sarkar ….Advocate
1. Affidavit of service filed in Court today is taken on record. 2. The petitioners were granted relief by the West Bengal Land Reforms and Tenancy Tribunal (2nd Bench) in case no. O.A. 1944/2021 (LRTT) by granting them liberty to file appropriate application under Section 51A (4) of the West Bengal Land Reforms Act, 1955 by impleading all the interested parties as per current land records and other documents, if any, within four weeks from the date of receiving the certified copy of the order and the Block Land &
Land Reforms Officer, Rajganj was directed to dispose of the same in accordance with law latest within six months from the date of filing such application after hearing all concerned.
3. The application before the Block Land & Land Reforms Officer was filed in early January, 2024. The same is yet to be disposed of.
4. The petitioners pray for a direction upon the Block Land & Land Reforms Officer for disposal of the application that has been filed in accordance with the liberty granted by the Tribunal.
5. The prayer of the petitioners is opposed by the State respondents and also by certain persons who claims to intervene in the matter as intervenors. It appears that a formal application for intervention has not been filed till date.
6. It has been submitted that the intervenors are interested parties in the subject land. Reliance has been placed on the decree passed by the learned trial Court in Title Suit No. 30/55 in the matter of Durga Nath Pramanik & Anr. Vs. Sushil Chandra Roy Choudhury & Ors.) which was duly affirmed by the learned Additional District Judge, Jalpaiguri in Title Appeal No. 50 of 1961 vide order dated 16th March, 1963 in the matter of Satyendra Nath Choudhury Vs. Minor Hari Mohan Pramanik & Ors.
7. Learned advocate representing the State respondents admits pendency of the application and submits that the sane will be disposed of shortly.
8. As it appears that the petitioners have already filed the application before the Block Land & Land Reforms Officer within the time stipulated by the learned Tribunal, accordingly, the Block Land & Land Reforms Officer ought to have acted within the time limit as specified by the learned Tribunal. The same has not been done till date.
9. On a perusal of the application filed before the Block Land & Land Reforms Officer, it appears that there is no private respondent in the said application.
10. In view of the above, the instant writ petition is disposed of by directing the concerned Block Land & Land Reforms Officer to dispose of the application filed by the petitioners under Section 51A(4) of the Act in accordance with law after giving reasonable opportunity of hearing to all the interested parties as per current land records and other documents at the earliest but positively within a period of three months from the date of communication of this order.
11. A reasoned order shall be passed and communicated to all the parties immediately thereafter.
12. The writ petition stands disposed of.
13. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities.
(Amrita Sinha, J.)
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