Form No. J(2)

In the High Court at Calcutta

Constitutional Writ Jurisdiction

Appellate Side

Present: The Hon‟be Justice Sabyasachi Bhattacharyya

And

The Hon‟ble Justice Supratim Bhattacharya

W.P.L.R.T. 183 of 2025 Immam Sk. and others

Vs.

The State of West Bengal and others

For the petitioners : Mr. Ambu Bindu Chakraborty

Ms. Mrinmoyee Roy Chowdhury

For the State : Mr. Lalit Mohan Mahata

Mr. Rudranil De

For the Private respondent

nos.4 & 5 : Mr. Agniswar Chowdhury

Mr. P. Hazra

Heard on : 17.11.2025 Judgment on : 17.11.2025

Sabyasachi Bhattacharyya, J.:-

1. Learned counsel for the petitioners submits that the learned

Tribunal committed a patent perversity in proceeding on the

premise that a suit filed by the present petitioners seeking declaration of title and injunction over the self-same land which is the subject-matter before the Tribunal had been dismissed after full trial and the prayer for injunction made therein was rejected.

2. On such premise, the learned Tribunal held that the petitioners, having failed before the Civil Court, cannot re-litigate on the same issue before the Tribunal under the guise of a mutation dispute and the doctrine of finality of litigation squarely applies.

3. From the re