Aniruddha Bose, J. - (1.) The writ petitioners in this proceeding have limited prayer for consideration of their representation made before the General Manager of West Bengal Housing Infrastructure Development Corporation (WBHIDCO). That representation appears at page 66 of the writ petition as annexure "P6". The petitioners sought no objection for selling certain land situated within R.S. Dag No. 90, 91, and 92 of Mouza Chakpanchiria, J.L. No. 33 in the district of North 24-Parganas. The petitioners claim to be in possession of the said land.
(2.) On behalf of the respondent no. 3 Mr. Banerjee, learned Counsel took the initial stand that the land in question was acquired under the provisions of Act 1 of 1894 but on obtaining instruction, he has apprised this Court that the land stood vested in the State. Mr. Mahata, learned Counsel appearing for the State and the Land Acquisition Collector has submitted that the land has been vested under the West Bengal Estates Acquisition Act, 1953 and in the event any subsequent acquisition proceeding was undertaken in respect of the same land, such proceeding was by mistake and a redundant exercise. The particulars of the vesting proceeding has been disclosed in supplementary affidavit-in-opposition filed by Mr. Mahata's client and in this affidavit affirmed by one Tapas Kumar Biswas on 12th December, 2017, it has been stated that the said land was subject of BR Case nos. 29 and 30, both of 1975. There is reference to the proceedings in the said BR Case in this supplementary affidavit.
(3.) The Writ Court cannot entertain any complaint about such vesting proceeding at the first instance as the statutory fora have been prescribed by the applicbable statute before which grievances relating to vesting can be ventilated, if so advised. The petitioners shall be at liberty to approach the statutory forum, as may be permissible under the law. Mr. Bnerjee sought to make submissions in relation to certain transactions between the State and the Land Acquisition Collector but so far as this proceeding is concerned, there is no necessity to refer to those transactions. In the present proceeding, in view of the specific stand taken by both the State and West Bengal Housing Infrastructure Development Corporation (WBHIDCO) that the subject lands stood vested under the 1953 Act, no relief can be given to the petitioners in this writ petition. These are statutory fora available for examining those questions.;