Item No.15

13.05.2025 Court. No. 19 GB W.P.A. 17685 of 2024 Calcutta Pinjrapole Society & Anr.

Vs.

The State of West Bengal & Ors.

Mr. Subhankar Nag, Ms. Mahima Cholera, Ms. Yamini Mookherjee, … for the Petitioners.

Mr. Chandi Charan De, Mr. Soumitra Bahdyopadhyay, Mr. Priyabrata Batabyal, Mr. Anirban Sarkar … for the State.

1. By filing the instant writ petition the writ petitioners have prayed for issuance of appropriate writ/writs against the respondent authorities commanding them for removal of the encroachments and/or signboards from the properties belonging to the writ petitioners situate at 65, Jalamath, Mirpara Road, Liluah and at 58, Netaji Subhas Road, Liluah, Horah – 711204 along with other ancillary reliefs.

2. In course of hearing, learned advocate for the writ petitioners at the very outset draws attention of this Court to page no.33 of the instant writ petition being a copy of notice dated 30.10.2000 as issued by the Revenue Officer under Section 14T of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the ‘said Act of 1955’ in short). It is submitted that by issuing the said notice under Section 14T of the said Act of 1955, the said Revenue Officer asked the writ petitioners to appear before him and to show cause as to why he shall not proceed under Section 14T of the said Act of 1955 for taking appropriate steps for vesting of the excess land over the ceiling area.

3. On behalf of the writ petitioners attention of this Court is drawn to page nos.51 and 52 of the instant writ petition being a copy of the order dated 12.05.2023 as passed in Case No.M.A. 1240 of 2022 by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as the ‘said tribunal’ in short) wherein the legality, validity and correctness of the said notice dated 30.10.2000 was challenged at the instance of the writ petitioners and wherein the said tribunal after considering the entire materials as placed before it, passed an order of injunction directing the parties to the said case to maintain complete ‘status quo’ as it stood on the said day in respect of the property in question as involved in the said proceeding.

4. At this juncture, learned advocate for the writ petitioners draws attention of this Court to page nos.63 to 63C of the instant writ petition being various photographs as taken on behalf of the writ petitioners. It is submitted that from the said photographs, it would reveal that in utter violation of the said order dated 12.05.2023 as passed by the said tribunal in the aforementioned case, the respondent authorities have most illegally put some flex and/or signboards and, thus, made an attempt to encroach the property which is the subject matter of the said notice under Section 14T of the said Act of 1955 and which is under challenge in the aforementioned case before the said tribunal.

5. It is, thus, submitted that on account of such illegal act on the part of the respondent authorities, appropriate relief/reliefs may be granted to the writ petitioners in accordance with the prayers made in the instant writ petition.

6. Per contra, Mr. De, learned Additional Government Pleader appearing on behalf of the respondent/State submits before this Court that this High Court sitting in a single Bench cannot entertain such writ petition in terms of the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (hereinafter referred to as the ‘said Act of 1997’ in short). It is further submitted by Mr. De that under the provisions of the said Act of 1997 an action of the tribunal can be challenged by filing a writ petition before a Division Bench of this High Court under Section 11 of the said Act of 1997.

7. This Court has meticulously gone through the entire materials as placed before this Court. This Court has given its anxious consideration over the submission of the learned advocates for the contending parties.

8. On careful consideration of the entire materials, it appear to this Court that it is