The Court rejected a writ petition challenging the mutation of land records. It held that the Court lacks jurisdiction as the exclusive remedy lies with the West Bengal Land Reforms and Tenancy Tribunal.
Rejection of the writ petition WPA 10167 of 2020 on the ground of lack of jurisdiction.
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23 11.12.2020 rrc
WPA 10167 of 2020 (Ansar Ali Mondal @ Ansar Mondal & Anr. Vs. The State of West Bengal & Ors.)
Mr. Sandip Kumar Bhattacharyya Mr. Abdul Murshid …..For the petitioners
Mr. Chandi Charan De, Ld. AGP Ms. Reshmi Rahaman Mr. Anirban Sarkar …..For the State
The petitioners claim to be owner of a plot of land situate at Holding No. 225/232, Sahibd Ananta Dutta Road, Ward No. 17, R.S. Plot No. 811, R.S. Khatian No. 242 under Mouza Gouripur, J. L. No. 6, Police Station Airport, Post Office Rajbari Colony, Kolkata – 700 051 (hereinafter referred to as “the said plot of land”). The petitioners have filed this application challenging the actions of the respondent Land Reforms Authorities, under Section 50 of the West Bengal Land Reforms Act, 1955 (in short, “the Act of 1955”) mutating the name of a third party in respect of the said plot of land.
In view of the provisions contained in Section 2 ( r ) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, the present writ petition cannot be entertained by this Court. The remedy of the petitioners lies to approach the West Bengal Land Reforms and Tenancy Tribunal.
For the reasons aforesaid, the writ petition being WPA 10167 of 2020 stands rejected on the ground of lack of jurisdiction.
( Ashis Kumar Chakraborty, J. )
1 issue framed by the court
Whether the Court has jurisdiction to entertain a writ petition challenging mutation of land records under Section 50 of the West Bengal Land Reforms Act, 1955.
2 provisions across 2 enactments
Ansar Ali Mondal & Anr.
The State of West Bengal & Ors.
Ashis Kumar Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
