D.K. Seth, J. - (1.) - Having regard to the relief claimed in the writ petition it appears that the relief sought for is hit by the mischief of Sections 7 and 8 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, as rightly contended by Mr. Dasgupta.
(2.) Mr. Kanon Kr. Ghosh, learned Senior Counsel, on the other hand, submits that he is not pressing for any of the reliefs to the moment so far as this Court is concerned which relates to land Reforms as defined under Section 2(b) of the 1997 Act. He has advised his client to agitate all the points and seek relief before the Tribunal constituted under the 1997 Act. He only contends that despite repeated approach the respondents are not furnishing the information on the basis whereof they can approach the Tribunal and obtain the relief. There was a suit being Title Suit No. 116 of 1965 for partition and other reliefs between the parties. In the said suit the State of West Bengal was a party, since a question of vesting under the West Bengal Estate Acquisition Act was involved. The suit was decreed in favour of the plaintiff. In the suit it was decreed that the land did not vest under the W.B. Estate Acquisition Act and the plaintiff was entitled to retain the land. An appeal being F.A. No. 237 of 1970 was filed by the State. The appeal stood dismissed as stated in account of death of all the respondents in the absence of substitution.
(3.) Be that as it may, he contends that he is only seeking relief before this Court for furnishing information as to the status as prayed for by the petitioner. According to him, right of information is a fundamental right which is protected by the constitution of India which can never be taken away even by reason of enactment of 1997 Act. The right of information is completely distinct and different from the reliefs relating the information, if he wants any of the reliefs which is sought for in this writ petition, the sane can be sought for before the Tribunal but without the information it could not have been done.;