Disposed¶20

Sachindra Nath Bera v. the State of West Bengal and Ors.

Calcutta HC22 Apr 2025WPLRT/42/2025

Case brief

AI extract

What is this about?

WPLRT/42/2025; Sachindra Nath Bera v. State of West Bengal and Ors.; correction of Record of Rights; West Bengal Land Reforms and Tenancy Tribunal; OA 244 of 2024 (LRTT); maintainability of original application; representation not addressed to all affected parties; Block Land & Land Reforms Officer; hearing to interested parties; reasoned order; four-month disposal timeline; impugned order dated October 4, 2024 set aside; writ petition disposed.

What did the court decide?

Impugned tribunal order dated October 4, 2024 set aside; concerned Block Land & Land Reforms Officer directed to treat OA 244 of 2024 (LRTT) as a representation, hear the interested parties, pass a reasoned order, and dispose of the representation within four months from communication of this order. ¶20

Sachindra Nath Bera Vs the State of West Bengal and Ors. — Calcutta HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the West Bengal Land Reforms and Tenancy Tribunal rightly held OA 244 of 2024 (LRTT) not maintainable on the ground that the petitioner's representation before the concerned Block Land & Land Reforms Officer was not addressed to all the affected parties. +1 more

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Court's answer

The impugned order dated October 4, 2024 passed in OA 244 of 2024 (LRTT) is set aside.

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Ratio / Principle

A request for correction of Record of Rights should not be negated on the plea that all the interested parties were not informed.

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Key takeaways

The concerned Block Land and Land Reforms Officer is to consider OA 244 of 2024 (LRTT) as a representation and decide it in accordance with law, after affording a reasonable opportunity of hearing to the interested parties, and pass a reasoned order to be communicated forthwith.ratio¶17
The concerned Block Land & Land Reforms Officer is expected to dispose of the representation within four months from the date of communication of the order to him.ratio¶18

Detailed headnote1 paragraphs

Petitioner challenged an order dated October 4, 2024 of the West Bengal Land Reforms and Tenancy Tribunal in OA 244 of 2024 (LRTT), by which his original application seeking correction of the Record of Rights was dismissed as not maintainable because his representation to the concerned Block Land & Land Reforms Officer was not addressed to all the affected parties. The Court held that a request for correction of the Record of Rights should not be negated on the plea that all interested parties were not informed. Setting aside the tribunal's order, the Court directed the concerned Block Land & Land Reforms Officer to treat the original application as a representation, decide it in accordance with law after affording a reasonable opportunity of hearing to the interested parties, pass a reasoned order to be communicated forthwith, and dispose of the representation within four months from communication. Writ petition (WPLRT/42/2025) disposed of accordingly.

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Dd 93 22.04.2025 (ML)

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WPLRT/42/2025 SRI SACHINDRA NATH BERA VS

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STATE OF WEST BENGAL AND ORS.

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Mr. Debabrata Sardar, Advocate

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… … For the Appellant

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Mr. T. M. Siddiqui, AGP, sr. adv. Ms. Debdooti Dutta, Advocates

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.. …For the State

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Affidavit-of-service filed in Court be taken on record.

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Petitioner and the State are represented. None appears for the private respondents.

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Petitioner assails an order dated October 4, 2024 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA 244 of 2024 (LRTT).

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By the impugned order, learned tribunal found the original application to be not maintainable on the ground that the representation made by the petitioner before the concerned Block Land & Land Reforms Officer was not addressed to all the affected parties.

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Learned advocate appearing for the petitioner submits that all the persons interested in the plot of land concerned were made parties in the original application and are parties in the present writ petition.

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Petitioner apparently approached the concerned Block Land & Land Reforms Officer for the purpose of correction of the Record of Rights. Such application for correction of Record of Rights not being proceeded with, petitioner approached the

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learned tribunal by way of OA 244 of 2024 (LRTT) which was dismissed as not maintainable by the order dated October 4, 2024.

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The request for correction of Record of Rights should not be negated on the plea that, all the interested parties were not informed.

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In the facts of the present case, it would be appropriate to direct the concerned Block Land and Land Reforms Officer to consider OA 244 of 2024 (LRTT) as a representation and to decide on the same, in accordance with law, after affording a reasonable opportunity of hearing to the interested parties. Needless to say that concerned Block Land & Land Reforms Officer is at liberty to consult such documents and hear such other parties that he may deem fit and proper. He will pass a reasoned order which with communication to the parties he heard forthwith thereafter.

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It is expected that the concerned Block Land & Land Reforms Officer disposes of the representation within four months from the date of communication of this order to him.

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In view of such direction, the impugned order dated October 4, 2024 passed OA 244 of 2024 (LRTT) is set aside.

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WPLRT/42/2025 is disposed of accordingly.

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(Debangsu Basak, J.)

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(Md. Shabbar Rashidi, J.)

Sachindra Nath Bera v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Sachindra Nath Bera v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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