JUDGEMENT
JYOTIRMAY BHATTACHARYA, J. -
(1.) TRANSFEREE . Petitioner submitted an application before the Block Land & Land
Reforms Officer, Chakdaha, Nadia claiming reliefs under Section 14U(3) of the
West Bengal Land Reforms Act, 1955. Since the said application is pending for
disposal before the concerned B.L.&L.R.O. since 22nd November, 2013, the
petitioner filed a tribunal application being OA No. 3369 of 2013 (LRTT) before
the West Bengal Land Reforms and Tenancy Tribunal seeking issuance of
direction upon the concerned B.L.&L.R.O. for expeditious disposal of the
petitioner's said application under Section 14U(3) of the said Act appearing at
page 27 of this writ petition.
(2.) SINCE the Learned Tribunal refused to pass any interim order in favour of the petitioner, the petitioner came before this Court with this writ petition. As a
matter of fact, the petitioner prayed for an interim injunction for restraining the
respondents from disturbing her possession in respect of the land in question
until the said tribunal application is decided.
Be that as it may, while entertaining this writ petition, this Court passed an interim order on 15th May, 2014 whereby the parties were directed to
maintain status quo as regards possession in the land in dispute till the end of
June 2014 or until further order whichever is earlier. It was also directed that in
the event possession of the disputed land had already been taken by the State -
respondents, the State -respondents will not distribute the same and/or create
any third party interest therein till the end of June 2014.
(3.) AFTER hearing the learned advocates of the parties and after considering the materials on record, we feel that since the concerned B.L.&L.R.O. has not yet
decided the petitioner's application under Section 14U(3) of the said Act, justice
will be subserved if instead of sending the parties to the Learned Tribunal for
disposal of the said tribunal application, we dispose of this writ petition by
directing the concerned B.L.&L.R.O. to dispose of the petitioner's application
under Section 14U(3) of the said Act appearing at page 27 of this writ petition at
an early date.
Accordingly, we dispose of this writ petition by directing the Block Land &
Land Reforms Officer, Chakdaha, Nadia to consider and dispose of the
petitioner's application under Section 14U(3) of the said Act appearing at page 27
of this writ petition by passing a reasoned order after giving a reasonable
opportunity of hearing to the petitioner and the other interested parties positively
within a period of eight weeks from the date of communication of this order.
Interim order which was passed by this Court on 15th May, 2014, as
mentioned above, will continue till the disposal of the petitioner's application
under Section 14U(3) of the said Act.
The writ petition is, thus, disposed of.
Since the writ petition is disposed of at the motion stage without inviting
any affidavit from any of the parties, let it be recorded that the allegations made
by the petitioner in this writ petition are not deemed to be admitted by the
respondents.
In view of disposal of this writ petition in the manner as aforesaid, the said
tribunal application is deemed to be disposed of.
Let this order be communicated to the Learned Tribunal by the Registry
immediately.
Urgent photostat certified copy of this order, if applied for, be furnished to
the applicant as early as possible.;
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