DIPANKAR DATTA,PROTIK PRAKASH BANERJEE,J. - (1.) The petitioner had approached the West Bengal Land Reforms and Tenancy Tribunal (hereafter the tribunal) by presenting O.A. 2650 of 2019 (LRTT). Proceedings initiated by the Block Land and Land Reforms Officer, Bally Jagacha under Section 14T(3) of the West Bengal Land Reforms Act, 1955 (hereafter the 1995 Act) were challenged therein. An interlocutory application was filed for interim relief in the original application. On such interlocutory application, the tribunal has passed an order dated 7th November, 2019 directing that no third party interest should be created in respect of the land forming subject matter of the proceedings. Irked by grant of partial interim relief, the petitioner has questioned the correctness of such order in this writ petition under Article 226 of the Constitution.
(2.) In course of hearing, Mr. Mukherjee, learned senior advocate appearing for the petitioner and Mr. Siddique, learned senior Government advocate appearing for the respondents have placed reliance on several orders passed by co-ordinate Benches of this Court as well as orders passed by the Supreme Court.
(3.) It is not in dispute that Civil Appeal No. 1416 of 1997 is pending before the Supreme Court, whereon an order was passed on 24th November, 2003 to the following effect: "... On a careful consideration of the respective submissions of the learned counsel appearing on either side, we are of the view that the authorities of the State shall ensure notwithstanding the vesting orders that may be passed and mutation that may be effected in the revenue records, no third party rights should be created and no such third parties be inducted or allowed to enter upon and squat on such properties pending disposal of the appeals." Since the aforesaid order was operative inter-partes, other raiyats, whose lands were sought to be vested by the State in terms of the provisions contained in the 1995 Act, had the occasion to approach the tribunal and thereafter this Court in its writ jurisdiction.;