Shekhar B. Saraf, J. - (1.) This is an application filed under Article 226 of the Constitution of India challenging the judgment and order dated December 22, 2016 passed by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as the "Learned Tribunal") in O.A No. 1633 of 2014 (LRTT) (Sash Hazari Wakfs Estate vs. State of West Bengal and Others).
(2.) This writ petition has been filed by the writ petitioner being the Board of Wakf, West Bengal challenging the very jurisdiction of the Learned Tribunal. The petitioner had also challenged the same before the learned Tribunal.
(3.) The writ petition before the Learned Tribunal had arisen out of the impugned order dated January 31, 2014 passed by the Land Reforms Commissioner, West Bengal rejecting the case of the respondent no. 7 to cancel the long term settlement granted in favour of the respondent no. 8. The case of the respondent no. 7 before the Learned Tribunal was that the Land Reforms Commissioner, West Bengal had upheld the long term settlement in favour of respondent no. 8 without considering the fact that the land could not be vested under any circumstances and in fact there was no trace of the vesting order passed in any proceeding and as such the said vesting would be presumed to be non est in the eyes of law. The respondent no. 7 in O.A No. 1633 of 2014 had further contended that there was no automatic vesting as per law. Furthermore, no possession was taken under subSection (2) of Section 10 of the West Bengal Land Acquisition Act, 1953, (hereinafter referred to as the "said Act of 1953") and as such the State was not entitled to lease out the land in question. Several other grounds were taken in the said Original Application. The Learned Tribunal considering all the materials before it had dismissed the Original Application after passing an order on the merits of the case. The respondent no. 7 filed a writ petition before this Court challenging the said order dated December 22, 2016.;