Dismissed¶16

Salim and Ors. v. the State of West Bengal and Ors.

Writ petition WPLRT/81/2025, filed by Salim and others – the private respondents in OA 495 of 2025 (LRTT)

Calcutta HC21 May 2025WPLRT/81/2025

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Case brief

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What is this about?

Salim and Others v. The State of West Bengal and Others; WPLRT/81/2025; writ petition by private respondents of OA 495 of 2025 (LRTT) against tribunal interim order dated April 1, 2025; stay of further proceedings of misc. case pending in respect of subject land; prima facie case for interim relief; balance of convenience and inconvenience; undue hardship; tribunal view found plausible; interim order contained reasons; no interference; writ petition dismissed without any order as to costs; Justices Debangsu Basak and Md. Shabbar Rashidi; decided 21.05.2025.

What did the court decide?

The view taken by the learned tribunal in the impugned interim order is plausible. ¶10

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

What the court decided

AI extract

Outcome

Dismissed

¶16

Issue for consideration

Whether the Court should interfere with the learned tribunal's interim order dated April 1, 2025 (passed in OA 495 of 2025 (LRTT)) staying further proceedings of the misc. case pending in respect of the subject land.

¶7

Court's answer

The view taken by the learned tribunal in the impugned interim order is plausible.

¶10

Ratio / Principle

The interim order passed by the learned tribunal, impugned before this Court, contains reasons.

¶11

Key takeaways

The petitioners were not in a position to establish that the original applicant had not made out a prima facie case for the grant of interim relief.ratio¶12
The petitioners were not in a position to establish that the balance of convenience and inconvenience was against the grant of interim relief.ratio¶12
The petitioners were not in a position to establish that they were facing undue hardship by reason of the interim relief granted.ratio

Detailed headnote1 paragraphs

Writ petition WPLRT/81/2025, filed by Salim and others - the private respondents in OA 495 of 2025 (LRTT) - challenged an interim order dated April 1, 2025 of the learned tribunal, whereby further proceedings of a misc. case pending in respect of the subject land were stayed until further orders, the tribunal having found that allowing the misc. case to be decided on merits while the original application stood admitted would not subserve the interest of justice. The bench (Justices Debangsu Basak and Md. Shabbar Rashidi) held the tribunal's view plausible, observed that the impugned interim order contained reasons, and found that the petitioners could not establish that the original applicant had failed to make out a prima facie case for interim relief, that the balance of convenience and inconvenience lay against the grant of interim relief, or that they faced undue hardship by reason of the interim relief granted. Finding no merit in interference, the Court dismissed WPLRT/81/2025 without any order as to costs.

Salim and Ors. v. the State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Salim 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

Issues for consideration

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