- (1.) This is an application filed under Article 226 of the Constitution of India assailing a final order dated October 25, 2017 passed by the West Bengal Land Reforms and Tenancy Tribunal, First Bench in the original application bearing O.A. No.2421 of 2016 (LRTT). By virtue of the impugned order, the learned Tribunal disposed of the above original application granting liberty to the petitioners to approach the Statutory Appellate Forum in accordance with the provisions of Section 54 of the West Bengal Land Reforms Act, 1955. The order impugned to the above original application was an order passed by the respondent No.4 in exercise of his power conferred under Section 50 of the said Act.
(2.) It is submitted by Mr. Arindam Chattopadhyay, the learned Advocate appearing on behalf of the petitioners that the learned Tribunal was in error in adopting the straight jacket formula to relegate the petitioners for approaching the Statutory Appellate Forum instead of appreciating that a point of law was only involved in the matter and the Tribunal had the discretion to hear the original application on its merit subject to the satisfaction that the Statutory Appellate Forum was not equally efficacious or that it would cause hardship to the petitioners.
(3.) Reliance is placed by Mr. Chattopadhyay, the learned Advocate appearing for the petitioners on the decision in the case of Panchanan Dey & Ors. Vs. The State of West Bengal & Ors., (In re:- W.P.L.R.T. 45 of 2017) passed by a Division of this Court, in which one of us (Debasish Kar Gupta, J.) was the Presiding Judge.;