Shelter Projects Ltd. v. State of West Bengal and Ors.

Calcutta HC21 Jan 2026WPA(P)/13/2026

Case brief

AI extract

What is this about?

Shelter Projects Ltd. v. The State of West Bengal & Ors., WPA (P) 13 of 2026, decision dated 21.01.2026; bench: SUJOY PAUL, CJ. and PARTHA SARATHI SEN, J. (author). Key topics: maintainability of writ petition; public interest litigation versus personal grievance; lack of jurisdiction; recording of State's name in records of right; West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (sections 2(r), 4 and 6); West Bengal Land Reforms Act, 1955 as 'specified Act'; writ petition disposed of with liberty to approach appropriate forum; merits not examined.

What did the court decide?

No substantive relief granted; liberty granted to the writ petitioner to approach the appropriate forum for ventilating his grievance, if so advised, without this Court going into the merits. ¶¶14

Shelter Projects Ltd. Vs State of West Bengal and Ors. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No substantive relief granted; liberty granted to the writ petitioner to approach the appropriate forum for ventilating his grievance, if so advised, without this Court going into the merits.

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Issue for consideration

Whether the instant writ petition, filed by a personally aggrieved petitioner, is maintainable as a public interest litigation. +1 more

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Court's answer

The writ petitioner is personally aggrieved; therefore the petition cannot be categorised as a public interest litigation.

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Ratio / Principle

On that score, the instant writ petition is not maintainable.

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Key takeaways

The West Bengal Land Reforms Act, 1955 is a 'specified Act' within the meaning of section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997.ratio¶¶11
Under section 6 of the 1997 Act, an application complaining of inaction or culpable negligence of an authority under a specified Act falls within the jurisdiction, power and authority of the Tribunal constituted under section 4 of that Act.ratio¶¶12
No relief can be granted to the writ petitioner in the instant writ petition because of lack of jurisdiction.

Detailed headnote1 paragraphs

Writ petition (WPA (P) 13 of 2026) by Shelter Projects Ltd., aggrieved by the recording of the name of the State in the records of right in its place, disposed of as not maintainable. Held: (i) the petitioner is personally aggrieved, so the petition cannot be categorised as a public interest litigation and is not maintainable; (ii) the West Bengal Land Reforms Act, 1955 is a 'specified Act' under section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, and under section 6 of that Act an application complaining of inaction or culpable negligence of an authority under a specified Act falls within the jurisdiction of the Tribunal constituted under section 4; consequently no relief could be granted for lack of jurisdiction. The petition was disposed of without going into the merits, with liberty to the petitioner to approach the appropriate forum, if so advised.

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21.01.2026 Item No.22 Ct. No.1 PG

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WPA (P) 13 of 2026

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Shelter Projects Ltd. Versus The State of West Bengal & Ors.

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Mr. Saibal Acharyya Mr. Sankar Halder….for the petitioner

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Mr. Jahar Lal De, Ld. AGP Ms. Sukla Das Chandra…..for the State

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PER, PARTHA SARATHI SEN, J.:

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On perusal of the petition under consideration, it appears that the writ petitioner is practically aggrieved with the recording of the name of the State in the records of right in stead of the petitioner.

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It thus, appears to this Court that the writ petitioner is personally aggrieved and thus, by no stretch of imagination, it can be said that the instant writ petition can be categorised as a public interest litigation. On such score, the instant writ petition is not maintainable.

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Before parting with, it is noticed by us that under the provisions of West Bengal Land Reforms and Tenancy Tribunal Act,

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1997 (hereinafter referred to as the ‘said Act of 1997’ in short), the West Bengal Land Reforms Act, 1955 is a ‘specified Act’ within the meaning of section 2 ( r ) of the said Act of 1997.

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Section 6 of the said Act of 1997 further postulates that an application complaining inaction or culpable negligence of an authority under a specified Act falls within the jurisdiction, power and authority of the tribunal, as has been constituted under section 4 of the said Act of 1997.

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Such being the position, this Court is constrained to hold that no relief can be granted to the writ petitioner in the instant writ petition because of lack of jurisdiction also.

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