ATUL BISWAS Vs. STATE OF WEST BENGAL
LAWS(CAL)-2014-6-96
HIGH COURT OF CALCUTTA
Decided on June 18,2014

Atul Biswas Appellant
VERSUS
STATE OF WEST BENGAL Respondents

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. 3364 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 25 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 his 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 25 of this writ petition at an early date.;


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