SAMBUDDHA CHAKRABARTI,J. - (1.) In this application under Article 226 of the Constitution of India, styled as Public Interest Litigation, the petitioner has, inter alia, prayed for a Writ in the nature of Mandamus commanding the respondents to make the Tribunal constituted under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 functional with its full strength and also a Writ in the nature of Mandamus commanding the respondents to take appropriate steps facilitating the appointment of Judicial and Administrative members which are presently lying vacant.
(2.) We have heard learned counsel for the parties.
(3.) Mr. Anindya Kumar Mitra, the learned Advocate General submits that a three-Judge Bench of our Court in the case of Popat and Kotecha Property and Anr. v. State of West Bengal and Ors. (W.P.331 of 2009) reported in (2001) 3 Cal.L.T.431(H.C.) held that unless the defects as mentioned in the judgment are removed, the concerned Act was unconstitutional. Mr. Mitra also submits that the State had filed a Special Leave Petition and the matter had been stayed by the Supreme Court and that the matter is pending before the Apex Court.;