Calcutta High Court (Appellete Side)
Shyama Prasad Dey Paul & Anr vs The State Of West Bengal & Others on 15 February, 2021
15/02/2021
Item No.9.
Court No.38.
AB Through Video Conference
W.P.A. 9843 of 2020
With
I. A. CAN 1 of 2020
Shyama Prasad Dey Paul & Anr.
Vs
The State of West Bengal & Others
Mr. Anindya Lahiri,
Mr. Arkadipta Sengupta ...for the Petitioners.
Mr. Partha Pratim Roy,
Mr. Ayan Banerjee ...for the State.
Mr. Anupam Kr. Bhattacharya,
Mr. Sukhendu Banerjee,
Mr. Anirban Dey,
Mr. Dilip Kr. Mondal ...for the Respdt. No.10.
Affidavit of service filed in Court today be kept
with the records.
The petitioners claim to be thika tenants in
respect of a particular plot of land. They say that the
land in question is vested in the Government and they
are entitled to be recognized as thika tenants under
the State. They had filed a civil suit being Title Suit
No.7 of 2013 in the Small Causes Court, Sealdah
claiming declaration of status as thika tenants under
the State. By a judgment and order dated August 24,
2015, the said suit was dismissed. The appeal
preferred from such judgment and order being F.A. 8
2
of 2016 was dismissed by a judgment and order dated
April 4, 2019, passed by an Hon'ble Division Bench of
this Court. However, the Division Bench left it open for
the plaintiffs in that suit (who are the writ petitioners
herein) to approach an appropriate forum for the
redressal of the plaintiffs' grievances. It is pursuant to
such liberty that the petitioners appear to have made
an application dated December 24, 2019, to the
Additional District Magistrate and District Land &
Land Reforms Officer, South 24 Parganas, Kolkata
Khas Mahal Section, Government of West Bengal,
wherein the petitioners have prayed for an order
recognizing them as tenants under the Government.
Mr. Lahiri, learned Advocate appearing for the
petitioners submits that all that the petitioners are
praying for is an early disposal of the aforesaid
application in accordance with law.
Mr. Banerjee appearing for the respondent no.10
submits that his client is the owner of the land in
question and that issue has been decided by the Civil
Court in the suit referred to hereinabove. He further
submits that his client has filed an eviction suit
against the writ petitioners, which is pending.
I am not inclined to go into all these questions.
The Division Bench had granted liberty to the
petitioners to approach an appropriate forum. The
petitioners have approached the Additional District
Magistrate and District Land & Land Reforms Officer.
I direct the Additional District Magistrate and
District Land & Land Reforms Officer, South 24
Parganas, being the respondent no.7 herein, to
consider the application of the petitioners (Annexure
P-12 to the writ petition) on an urgent basis and
dispose of the same by a reasoned order, in
accordance with law, within a period of three months
from the date of receipt of a copy of this order along
with a copy of the writ petition, after giving full
opportunity of hearing to the petitioners, the
respondent no.10 and any other concerned parties.
All points are left open. The respondent no.10 shall be
entitled to urge all points before the respondent no.7
including the point that the respondent no.7 is not the
appropriate forum. If such a point of demurer is taken
by the respondent no.10, the respondent no.7 will
decide such point as a preliminary issue.
I have not decided any point on merits. It will be
upto the respondent no.7 to take an informed decision
in accordance with law.
Since no affidavit has been called for, the
allegations contained in the writ petition are deemed
not to be admitted by the respondents.
WPA 9843 of 2020 is, accordingly, disposed of.
In view of disposal of writ petition, CAN 1 of
2020 also stands disposed of.
There will be no order as to costs.
Urgent Photostat Certified copy of this order, if
applied for, be supplied expeditiously after complying
with all necessary legal formalities.
(Arijit Banerjee, J.)
