Writ petition challenging a Tribunal order that refused an original application seeking correction of R.S. record of rights as time-barred. The court upheld the Tribunal's view based on the statutory limitation and dismissed the petition without costs.
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05 19.07.2024 Ct. No. 11 Jayanta
WPLRT 63 of 2024
Ranjit Pal vs
State of West Bengal & Ors.
Mr. Debasis Sur Mr. Hare Krishna Halder
….. For the Petitioner
Mr. T. M. Siddiqui, Ld. AGP Mr. S. Dhar Mr. Suddhadev Adak
….. For the State.
The present writ petition has been instituted to question the tenability of the order dated 15th March, 2024, passed by the learned Tribunal in O. A. 2578 of 2021.
By the order dated 15th March, 2024, the learned Tribunal refused to entertain the original application, citing the reason that the prayer for correction of R.S. record of rights pertaining to the subject plot, as sought for, was time barred.
Mr. Sur, learned advocate appearing for the petitioner submits, that instead of rejecting the original application, the learned Tribunal ought to have relegated the issue to the BL & LRO concerned.
Mr. Siddiqui, learned Additional Government Pleader assisted by Mr. Dhar, learned advocate, representing the State respondents vehemently opposes the prayer for the petitioner. He argues that the learned Tribunal has correctly
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concluded that the petitioner’s prayer for correction of R.S. Records of Right was time- barred.
Heard the learned advocates and considered the materials on record.
Section 44 (2) (a) of the West Bengal Estate Acquisition Act, 1953 permits any officer authorized by the State Government to revise entries in the R.S. record of rights on an application of any party, provided the application is submitted within nine months from the date of final publication of the R.S. record of rights or from the date of coming into force of the West Bengal Estate Acquisition (2nd Amendment) Ordinance, 1957, whichever occurs earlier.
In such conspectus, no interference is warranted in this writ petition and accordingly, the same is dismissed. There shall, however, be no order as to costs.
(Partha Sarathi Chatterjee,J.) (Tapabrata Chakraborty,J.)
1 issue framed by the court
Whether correction of R.S. record of rights for the subject plot was barred by the nine-month limitation under Section 44(2)(a) of the West Bengal Estate Acquisition Act, 1953.
1 provisions across 1 enactments
Ranjit Pal
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
