Sk. Abdul Azim v. State of West Bengal and Ors.

DL-16 09.06.2023 Court No.5 (AD)

WPLRT 47 of 2023

Sk. Abdul Azim Vs. State of West Bengal & Ors.

Mr. Supratim Dhar Mr. Dhananjay Nayak … for the petitioner Mr. Siddhartha Banerjee Mr. Abhisek Baran Das Ms. Banoshree Mukherjee Ms. Srijoni Chongdar … for the respondent no.3. Md. T.M. Siddiqui Mr. M.K. Ghosh Mr. S. Adak … for the State.

The writ petition is directed against an order dated January 20, 2023 passed in O.A. 3977 of 2022 by the West Bengal Land Reforms and Tenancy Tribunal.

Writ petitioner is aggrieved by the refusal to pass an interim order by the learned Tribunal.

Learned Advocate appearing for the petitioner submits that, there is a pending suit for partition where there subsists an order of injunction passed in appeal restraining the parties to the suit from changing the nature and character of the suit property.

Learned Advocate appearing for the writ petitioner submits that, the private respondent claims to be a purchaser of an undivided share in the suit property. The private respondent applied for mutation in respect of the

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immovable property for such undivided share. The Block Land & Land Reforms Officer ought not to proceed with the mutation proceedings during the pendency of the suit for partition. The writ petitioner approached the Tribunal for reliefs with regard thereto. The learned Tribunal erred in not granting interim protection in view of the order passed by the appeal Court and in view of the pendency of the suit for partition. He contends that, the Block Land & Land Reforms Officer while considering the application for mutation would be called upon to determine as to whether the applicant for mutation is in possession in respect of the immovable property concerned. The moment the Block Land & Land Reforms Officer undertakes such an exercise, the writ petitioner as a plaintiff in the suit for partition will stands prejudiced in such suit. Therefore, it is imperative that the Block Land & Land Reforms Officer be restrained from taking further steps in the mutation proceedings.