- (1.) ALPHA: without being sucked between Scylla and Charybdis we have to absorb the impact of the decision of this Court in Tapas Biswas v. Shyama Prosad ghosal, (2009)1 WBLR (Cal) 250, a Judgment rendered by a learned Single judge wherein the ratio of the decision of an earlier Division Bench of this court in Dipak Kumar Singh v. State of West Bengal and Ors. , (2008)2 Cal HN 943 has been placed in the backburner.
(2.) BETA: through the narrow conspectus of our Power of Judicial Review, we have been implored to see the Order of the learned West Bengal Land reforms and Tenancy Tribunal in O. A. No. 1654 of 2008 (LRTT) wherein the order passed by the learned Civil Judge, Junior Division, Sealdah in Ejectment suit No. 129 of 2007 on 28. 5. 2008 has been stayed.
(3.) GAMMA: the same has been carried at the instance of the Petitioner in this application and we would be required to test its efficacy on the premises that the Tribunal did not have any jurisdiction to hear the Matter on the strength of the decision of Tapas Biswas v. Shyama Prosad Ghosal (supra) in the light ol the reservations of the Respondent.;