- (1.) WE have heard Mr. Goswami for the petitioner and Mr. Sen, learned senior Standing Counsel for the State and we have also gone through the impugned order and have examined the statement and averments made in the application made before the learned Tribunal. We are of the view that the learned Tribunal has not fallen in error in not entertaining the petitioner's application though the petitioner has stated in the petition that order impugned has been passed without serving any notice and defying the order passed by the learned Sessions judge concerned.
(2.) ACCORDING to Mr. Goswami, learned Tribunal ought to have entertained the application having regard to the facts and circumstances made out in the application. Mr. Sen has drawn our attention to section 10 of the West Bengal Land Reforms and Tenancy tribunal Act, 1997 which is quoted as under: "10. Application to Tribunal.- (1) Subject to the provisions of section 6 and other provisions of this Act, a person aggrieved by any order passed by an Authority or any action taken either by an authority or by the State Government may prefer an appeal to the tribunal for the redressal of his grievance. (2) Every application under sub-section (1) shall be made within sixty days from the date on which such order was passed or such action was taken, as the case may be, or within such further time as may be allowed by the Tribunal for cause shown to its satisfaction, and shall be made in such form, and shall be accompanied by such fee, as may be prescribed. (3) Save as expressly provided in this Act, the Tribunal shall not admit any application referred to in sub-section (1) unless it is satisfied that- (a) the application has availed of all remedial measures available to him under the relevant specified Act, and (b) the remedial measures available unde the provisions of the relevant specified Act are not adequate or shall cause hardship to the applicant. (4) The Tribunal may, if it is satisfied after such enquiry as it may deem fit that requirements under this Act and the rules made thereunder are complied with in relation to the application referred to in sub-section (1), admit such application, but where the Tribunal is not so satisfied, it may reject the application summarily giving reasons therefore. (5) Where an application under sub-section (1) has been admitted by the Tribunal. It shall decide and dispose of such application as expeditiously as possible, and ordinarily within six months from the dated of such admission or from the date of receipt of records from the concerned Authority or the State Government, as the case may be. (6) While deciding the application under sub-section (5) the tribunal shall issue such direction, or pass such order, as it may deem fit. (7) Notwithstanding anything contained in any other provision of this Act or in any other law for the time being in force, no interim order (whether by way of injunction or stay or in any other manner)shall be made on, or in any proceeding relating to, an application made under sub-section (1) unless- (a) copies of such application and of all documents in support of the plea for such interim order are duly furnished seven days in advance to each of the parties against whom such application is made or is proposed to be made: (b) an opportunity of being heard is given to each of the parties against whom such application is made: provided that the Tribunal may pass an interim order as an exceptional measure if it is satisfied for reasons to be recorded in writing that it is necessary so to do for preventing any loss being immediately caused to the applicant: provided further that if the application referred to in sub-section (1) is not decided and disposed of within a period of six months from the date of the interim order, the interim order shall, if it is not vacated earlier, stand vacated on the expiry of the period as aforesaid unless, for special reasons or in the interest of justice, the interim order is varied, modified or extended by the Tribunal. "
(3.) IT says that the words in the negative, being sub-section 3, makes it clear that the Tribunal has no jurisdiction to admit any application unless the situation mentioned in the aforesaid sub-section are satisfied. Admittedly, in this case, the applicant has not exhausted all the remedial measures even though admittedly, the right of appeal is provided in the statute itself. He further submits that no case has been made out that remedial measure available under the. provision of the act is not adequate or shall cause any hardship to the applicant.;