Subrata Talukdar, J. - (1.) Notwithstanding the sheer volume of this writ petition comprising 136 Paragraphs, XLIX, Grounds; and Annexures from Pages 96 to 539 covering two volumes, the points for consideration in law belie the bulk.
(2.) The points may be stated as follows:- a) Whether the Learned Thika Controller (for short the Ld. TC) was competent to exercise jurisdiction in issuing the order impugned dated 14th of March, 2019 qua the impugned proceedings under Section 5(3) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 (for short the 2001 Act)? b) Whether on the ground questioning the jurisdiction of the Ld. TC to pass the order impugned dated 14th of March, 2019, this writ petition under article 226 of the Constitution of India is maintainable?
(3.) By the order impugned dated 14th of March, 2019, the Ld. TC decided an application of the petitioners under Section 5(3) of the 2001 Act declaring all the premises in issue, except one, to be Thika Tenancies. Only in respect of one of the premises, being 8(H) Beltala Road, the Ld. TC decided that it does not come under the purview of the 2001 Act.;