In WPLRT 38 of 2023, the High Court dismissed the writ petition challenging a Tribunal order that rejected a belated appeal filed six years late. The Court held there was no legal impediment to executing the original decree as it was already implemented.
The writ petition is dismissed without any order as to costs.
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.
15
12.06.2023 KAUSHIK
WPLRT 38 of 2023
Khalil Dhali & Ors.
Vs.
The State of West Bengal & Ors.
Mr. Mukteshwar Maity Md. Seeshanuz Zaman Ms. Nupur Chowdhury
… for the petitioners
Mr. T. M. Siddiqui Mr. Rudranil De Mr. Sutanu Chakraborty … for the State
The writ petitioners are aggrieved by an order dated February 16, 2023.
By the impugned order, the learned Tribunal found that, a belated appeal was sought to be filed by the writ petitioners challenging the order dated December 22, 2016. The appeal preferred was not admitted as the same was preferred after six years of the order. The learned Tribunal held that there was no existence of the appeal in the eye of law. In such circumstances, the learned Tribunal held that there was no impediment on the part of the concerned Block Land and Land Reforms Officer (BL&LRO) to execute the order passed in Misc. Case No. 14 of 2015. Learned Tribunal granted liberty to the concerned BL&LRO to execute the same
2
in accordance with law as per his wisdom.
The writ petition was taken up for consideration on June 9, 2023 when, after perusing the records the Court observed that, the order dated December 12, 2016 should be implemented by the concerned BL&LRO expeditiously.
Learned advocate appearing for the State makes over copies of the orders passed by the concerned BL&LRO executing the order dated December 22, 2016.
Learned advocate appearing for the writ petitioner submits that, the concerned BL&LRO did not issue any notice to it with regard to implementation of the order.
We are concerned with the impugned order dated February 16, 2023. The impugned order considers the request of the writ petitioner in light of the so-called appeal filed by the writ petitioner. The learned Tribunal is correct in holding that there was no appeal in the eye of law existed since, the appeal was preferred six years after the order of the concerned BL&LRO and that such appeal was yet to be admitted.
Learned Tribunal did not err in holding that the concerned BL&LRO was without any impediment in executing the order passed in Misc. Case No. 14 of 2015.
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As on date, the order passed in Misc. Case No. 14
of 2015 passed by the concerned BL&LRO stands executed.
In such circumstances, we find no merit in the
present writ petition.
WPLRT 38 of 2023 is dismissed without any order
as to costs.
(Debangsu Basak, J.)
(Md. Shabbar Rashidi, J.)
3 issues framed by the court
Whether a belated appeal filed six years after the order was legally admissible.
Whether the Tribunal correctly held that no appeal existed in law to impede execution of the original order.
Whether the writ petition challenging the Tribunal order without a stay had merit.
1 provisions across 1 enactments
Khalil Dhali & Ors.
The State of West Bengal & Ors.
Debangsu Basak
Md. Shabbar Rashidi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
