The High Court disposed of a writ petition challenging a Land Reforms Tribunal's order accepting multiple compliance reports. The Court allowed filing a fresh challenge to the specific compliance report within the statutory limitation period.
Limitation period for challenging the Tribunal order recommenced from today's date.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
05 18.8.2021
WPLRT 10 of 2021
Ct-16
Arun Kumar Jana Vs.
The State of West Bengal & Ors.
ar
Mr. Samiran Giri Ms. Madhumita Patra
…. For the Petitioner
Mr. Chandi Charan De, Ld. Addl. G.P Mr. Anirban Sarkar
…. For the State Respondents
The writ petition is directed against an order passed by the West Bengal Land Reforms and Tenancy Tribunal on 2nd January, 2020 in M.A Case no. 622 of 2013 (O.A 1834 of 2012)(LRTT) by which the Tribunal has taken on record the compliance report dated 11th October, 2018 submitted by the Block Land & Land Reforms Oficer, Egra-II, District-Purba Medinipur in addition to the earlier compliance reports dated 4th January, 2017 and 31st July, 2015.
Learned counsel appearing on behalf of the petitioner submits that in the contempt proceeding there cannot be multiple compliance reports and it has not been demonstrated by the respondent authorities that the order, in fact, has been complied with.
We have gone through all the three reports, which have been treated by the Tribunal as compliance report of the order dated 25th November, 2010.
It is true that there has been a considerable delay on the part of the respondent authorities in considering and disposing of the application filed by the petitioner for recording his name as “ Bargadar ” and the Tribunal appears to have been indulgent in the matter of granting time to
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the respondent authorities to comply with the order. The explanation offered by the authorities that the delay was due to lack of communication between different departments and nonavailability of records of O.A No. 1834 of 2012. However, the fact remains that on 11th October, 2018 a report has been filed by the Block Land & Land Reforms Oficer, Egra-II, District-Purba Medinipur, in compliance with the order passed by the Tribunal.
In the event, the petitioner is aggrieved by the order dated 11th October, 2018, the petitioner can always approach the appropriate forum for redressal of his grievances.
In the event such proceeding becomes barred by limitation in view of the pendency of the proceeding before this Court, we clarify that the period of limitation to challenge the order dated 11th October, 2018 shall commence from today.
We make it clear that we have not gone into the merit of the case.
WPLRT 10 of 2021 is thus disposed of without any order as to costs.
Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Hiranmay Bhattacharyya,J.) (Soumen Sen, J.)
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Arun Kumar Jana
The State of West Bengal
Hiranmay Bhattacharyya
Soumen Sen
As recorded by the court registry
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