JUDGEMENT
Chakrabarti, J. -
(1.) Petitioner purchased certain plots of lands within
the District of Howrah by several deeds in respect of which, name of
petitioner has been mutated. Petitioner prayed for conversion of lands from
Sali to Factory. All requisites were supplied in support of such prayer as
indicated by the concerned authorities. When said prayer for conversion
was refused, petitioner approached the West Bengal Land Reforms and
Tenancy Tribunal in O.A. No. 3502 of 2003. Said original application was
disposed of by the impugned order on the ground that order passed by the
concerned authority refusing conversion is appealable under Section 54 of
the West Bengal Land Reforms Act and therefore, liberty was granted to
the petitioner to prefer appeal against the order impugned.
(2.) Heard Mr. Ashok Banerjee, learned Counsel forthe petitioner and
Mr. Rabilal Maitra learned Government Pleader.
(3.) Main contention of Mr. Banerjee, learned Counsel appearing for
petitioner is that Section 54 of the West Bengal Land Reforms Act only
provides for procedure or manner of preferring appeal naming forum only
and it itself is not a provision providing for appeal against any particular
order or orders. It is argued that said argument was considered in two earlier
writ petitions by two learned Single Judges but was not accepted and said
judgments were in the case of Bidya Bhusan Mahapatra v. State of West
Bengal reported in 1977 (1) CLJ 387 and Narayan Chandra Kundu v. State
of West Bengal reported in 1982 (1) CLJ 61.;
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