Tapan Sarkar and Ors. v. State of West Bengal and Ors.
Case brief
What is this about?
WPA 7658 of 2026; High Court at Calcutta, Appellate Side writ; Tapan Sarkar v. State of West Bengal; West Bengal Estate Acquisition Act 1953 Section 10(2); vesting without notice; right of election; Civil Order No. 5943 (W) of 1991; BL&LRO order 28.11.2023; DL&LRO appeal Case No.433 of 2025; Section 5 Limitation Act; condonation; West Bengal Land Reforms and Tenancy Tribunal; L. Chandra Kumar (1997) 3 SCC 261; maintainability at first instance; municipal construction of park during pendency; writ petition dismissed.
What did the court decide?
Noting the grievance of the petitioner, that a remedy is available to the petitioners before the West Bengal Land Reforms and Tenancy Tribunal, and in terms of the Supreme Court judgment in L. Chandra Kumar vs. Union of India, this Court held that at the first instance it ought not to entertain a challenge of this nature and the proceeding can only be maintained before the Hon'ble Division Bench; consequently the writ petition was not entertained and was dismissed.