This Court dismissed the writ petition as not maintainable, holding that the dispute regarding disposal of proceedings by the Thika Controller must be adjudicated by the Land Reforms and Tenancy Tribunal. No effective relief was sought against the Corporation.
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ORDER SHEET
WPO 262 OF 2021 IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION ORIGINAL SIDE
RAMESH SAHANI AND ANR. VERSUS
THE STATE OF WEST BENGAL AND ORS.
BEFORE:
The Hon'ble JUSTICE SHAMPA SARKAR Date : 23RD July, 2021 .
APPEARANCE: Mr. R.N. Chakraborty, Adv. Mrs. Sonali Sengupta, Adv. …for the Petitioner
Mr. Tapan Coomaar Dey, Adv. Mr. Anand Farmania, Adv. …for the KMC
The Court : Affidavit of service is taken on record.
This Court finds that the reliefs sought for in this application cannot
be granted by this Court and the remedy of the petitioner is before the Land Reforms and Tenancy Tribunal. The petitioner has sought for a direction upon the Thika Controller, Kolkata to dispose of the pending proceeding arising out of the premises No. B/167A/H/11, Bepin Behari Ganguly Street, Police Station – Muchipara, Kolkata -700012. The writ petition is not maintainable. No effective relief has been sought for against the Corporation.
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This writ petition is dismissed as not maintainable. Liberty is granted to
the petitioner to approach appropriate forum in accordance with Law.
Parties to act on the server copies of this order.
(SHAMPA SARKAR, J.)
Sbghosh
3 issues framed by the court
Whether the writ petition challenging the disposal of pending proceeding by Thika Controller is maintainable before this Court.
Whether the dispute falls within the jurisdiction of the Land Reforms and Tenancy Tribunal.
Whether effective relief can be granted against the Corporation in this application.
Ramesh Sahani and Anr.
The State of West Bengal and Ors.
Shampa Sarkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
