Dismissed¶¶19

Timir Kumar Roy Chowdhury and Ors. v. the State of West Bengal and Ors.

Calcutta HC11 Apr 2025WPA/6363/2025

Case brief

AI extract

What is this about?

Maintainability of writ petition against Section 50 orders of the West Bengal Land Reforms Act, 1955; record of rights alteration refused by prescribed authority in Misc. Case No.1282 of 2024; Section 50 orders appealable under Section 54; wrong forum chosen; writ petition held not maintainable and dismissed without costs. Judge: Partha Sarathi Sen, J.; decided April 11, 2025; case WPA 6363 of 2025.

What did the court decide?

The writ petitioners chose a wrong forum for ventilating their grievance while assailing the orders passed under Section 50 of the said Act of 1955. ¶¶17

Timir Kumar Roy Chowdhury and Ors. Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

¶1

April 11, 2025 Sl. No.10 Court No.19 s.biswas

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WPA 6363 of 2025

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Timir Kumar Roy Chowdhury and others vs.

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The State of West Bengal and others

¶5

Mr. Vineet Kothari

¶6

… for the petitioners

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Mr. Soumitra Bandyopadhyay, Sr. Govt. Adv. Ms. Suchana Banerjee

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... for the State

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Mr. Apratim Bhattacharya Mr. Arpan Guha

¶10

... for the respondent no.6

¶11

The subject matter of the instant writ petition is the orders dated 25.09.2024, 30.10.2024 and 05.12.2024 as passed in Misc. Case No.1282 of 2024 by the prescribed authority under Section 50 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as ‘the said Act of 1955’ for short).

¶12

On careful perusal of the aforementioned orders, it reveals that the said prescribed authority after hearing the contending parties before him declined to alter and/or to modify the record of rights in favour of the applicants before him as prayed for.

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On behalf of the respondent State as well as on behalf of the private respondent no.6, attention of this court is drawn to the provision of Section 50 and Section 54 of the said Act of 1955.

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It is submitted both on behalf of the respondent State as well as on behalf of the private respondent that the orders which were passed under Section

¶15

¶16

50 of the said Act of 1955 is an appealable order under Section 54 of the said Act of 1955.

¶17

On careful consideration of the entire materials as placed before this court and on perusal of the relevant provision of the said Act of 1955, it appears to this court that the writ petitioners have chosen a wrong forum for ventilating their grievance while assailing the aforementioned orders as passed under Section 50 of the said Act of 1955.

¶18

This court thus finds that the instant writ petition is not maintainable.

¶19

WPA 6363 of 2025 is thus dismissed. There shall be no order as to costs.

¶20

All the parties shall act on the basis of the server copy of the order.

¶21

(Partha Sarathi Sen, J.)

Timir Kumar Roy Chowdhury and Ors. v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Timir Kumar Roy Chowdhury and Ors. v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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