Writ petition seeking mutation of names in record of rights, converted to LRT jurisdiction. Restoration and condonation applications pending before the Tribunal; writ disposed of with liberty to pursue remedies before the Tribunal. No costs.
Liberty to petitioners to take appropriate steps before the learned Tribunal; no costs.
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5 14.11.2024 Ct. No. 11 rrc
WPLRT 142 of 2024
(Kalpana Aluni & Anr. Vs. The State of West Bengal & Ors.)
Mr. Madan Lal Agarwal
….. For the petitioners (in person)
Mr. Soumitra Bandyopadhyay Mr. Srinath Singha Roy
….. For the State respondents
A writ petition being WPA 24921 (W) of 2023 was preferred praying for issuance of necessary direction upon the respondents to mutate the names of the petitioners in the subject property. Pursuant to the order passed by the learned single Judge on 26th September, 2024, the writ petition has been converted as WPLRT 142 of 2024 and placed before this Bench.
Heard Mr. Agarwal, appearing in person for the petitioners.
Mr. Bandyopadhyay, learned advocate enters appearance on behalf of the State respondents.
Records reveal that the petitioners have filed an Original Application (in short, OA) being OA 3398 of 2015 before the learned Tribunal alleging inaction on the part of the respondents to correct the record of rights. The said application was dismissed for default. Thereafter, the petitioners filed an application for restoration along with an application for condonation of delay. The said applications being MA 257 of 2024 and MA 258 of 2024
2
are pending before the learned Tribunal. In view of pendency of the said applications before the learned Tribunal, no interference is called for in the present writ petition and the same is, accordingly, disposed of with liberty to the petitioners to take appropriate steps before the learned Tribunal.
There shall, however, be no order as to costs.
All parties shall act on the service copies of this order duly downloaded from the official website of this Court.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)
Kalpana Aluni
Anr.
The State of West Bengal
Ors.
Partha Sarathi Chatterjee
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
