- (1.) This is an application filed under Article 226 of the Constitution of India assailing a final order dated April 17, 2015 passed by the West Bengal Land Reforms and Tenancy Tribunal, 2nd Bench, in the matter of Barun Shome v. The State of West Bengal and Ors. [In Re: O.A.-1931/2014 (LRTT)] .
(2.) By virtue of the order impugned, the above original application was dismissed being not maintainable. Liberty was given to the writ petitioner to take necessary steps in accordance with law if he would like to recall the order dated March 19, 2014 passed by the West Bengal Land Reforms and Tenancy Tribunal, First Bench, in the matter of Sunil Kumar Halder v. The State of West Bengal and Ors. [In Re: O.A.-3812 of 2013 (LRTT)] .The facts which were taken by the learned Tribunal while passing the order impugned are discussed, in a nutshell as follows: The respondent No.8 filed an original application before the West Bengal Land Reforms and Tenancy Tribunal in the matter of Sunil Kumar Halder v. State of West Bengal and Ors. [In Re: O.A. No.3812 of 2013 (LRTT)]. By an order dated March 19, 2014, the above original application was disposed of by the learned Tribunal with following direction upon the respondent No.6 : "Å "Having heard both sides and after perusal of the materials on record, we observe that a mere notice served upon the erstwhile owner directing the other to vacate the suit land is not enough. B.L. and L.R.O. should take all measures to vacate the erstwhile owners from the suit land and to restore the possession of the homestead beneficiary. Proceeding initiated should be continued till such restoration is made. Police help, as required for the purpose, be sought for from the S.D.O. The B.L. and L.R.O, Kakdwip, District-South 24-Parganas is directed to conclude the aforesaid proceeding within a period of four (4) months from the date of communication of this order. The petitioner is directed to serve copy of the application with all its annexure along with order passed by the Tribunal today upon the B.L. and L.R.O, Kakdwip, District-South 24-Parganasas well as upon S.D.O, Kakdwip within four weeks from the date of getting the certified copy of this order. With these terms, O.A. No.3812 of 2013 (LRTT) is disposed of. Let a plain copy of this order duly countersigned by the Principal Officer of this Tribunal be made over the ld. Govt. Representative for communication to the authority concerned for compliance and xerox certified copy of this order, if applied for by the petitioner, be delivered on payment of requisite court fees. " 
(3.) The petitioner/aforesaid erstwhile owner was not impleaded in the above proceeding as a party. The writ petitioner/erstwhile owner filed an original application before the West Bengal Land Reforms and Tenancy Tribunal in the matter of Barun Shome v. The State of West Bengal and Ors. [O.A.-1931/2014 (LRTT)] . By the order impugned, the above original application was disposed of and the operative portion of the above order is quoted below: "Å "It appears that this O.A. has been filed by this applicant for recalling the order dated 19.03.14 passed in O.A. No.3812/2013(LRTT). So, we are of the opinion if this applicant likes to recall the order dated 19.03.14 passed by the Hon "â„¢ble First Bench in O.A. No.3812/2013 (LRTT), then he is to file recall application for recalling the order dated 19.03.14 passed in O.A. No.3812/2013 (LRTT). In view of the circumstances, we are of the further opinion that no order for recalling the order dated 19.03.14 passed in O.A. No.3812/2013 (LRTT) can be passed in O.A. No.1931/2014 (LRTT). As such, we pass the following order:- The instant O.A bearing No.1931/2014 (LRTT) be and same is hereby dismissed being not maintainable. "â„¢ However, the applicant is given liberty to take necessary steps in accordance with law if he likes to recall the order dated 19.03.14 passed in O.A. No.3812/2013 (LRTT). Let a plain copy of this order duly countersigned by the Principal Officer of this Tribunal be made over the Ld. Govt. Representative for communication to the concerned authority for information and Xerox certified copy of the order, if applied for by the applicant, be delivered subject to payment of requisite court fees. " ;