Gd/Ssd Ananta Singh And Ors vs The State Of West Bengal And Ors
2022 Latest Caselaw 8362 Cal

5   15.12.2022
                                 MAT/1978/2022
                               IA NO: CAN/1/2022
    gd/ssd                   ANANTA SINGH AND ORS.
                                       VS
                       THE STATE OF WEST BENGAL AND ORS.


                       Mr. Biswarup Biswas,
                       Mr. Kajal Ray,
                       Mr. Aditya Sen
                                 ..for the Appellants.

                       Mr. Biswabrata Basu Mallick,
                       Mr. Sanjib Das
                                  ..for the State.

                       Mr. Jayanta Kumar Das,
                       Ms. Madhumanti Das
                                 ..for the Respondent Nos.10 to 22.

Copies of letter of SDPO, Debra, Paschim

Medinipur dated 19.07.2019 and letter of Officer-in-

Charge, Sabang Police Station, Paschim Medinipur

dated 15.12.2022 handed over by the learned counsel

for the State before this Court are taken on record.

Learned counsel for the appellants questioning

the order of the learned Single Judge has submitted

that the Patta has been cancelled under Section 49(2) of

the West Bengal Land Reforms Act, 1955 and against

the cancellation of Patta, the appellants have preferred

an appeal, which is pending. He has further submitted

that the West Bengal Land Reforms Act, 1955 is covered

within the Special Act as defined under Section 2(r) of

the West Bengal Land Reforms and Tenancy Tribunal

Act, 1997 and for the grievance of the writ petitioners

about inaction on the part of the authorities also the

Tribunal has jurisdiction under Section 6 of the Act. He

has further submitted that in terms of Section 8,

Tribunal has exclusive jurisdiction and has placed

reliance upon the Division Bench judgment of this

Court in the matter of Swapan Chakraborty v. The State

of West Bengal reported in 2022 (2) CHN (CAL) 199

wherein considering the similar case of non-delivery of

possession in spite of cancellation of Patta, the Division

Bench has reached to the conclusion that the

jurisdiction of the High Court under Articles 226 and

227 of the Constitution is specifically excluded by the

Act of 1997 except for the jurisdiction of the Division

Bench of the High Court to entertain the appeals from

orders of the learned Tribunal.

Learned counsel for the State has submitted that

the Sub-Divisional Police Officer has received the

communication dated 25.02.2020 from the Revenue

Officer for delivery of possession, therefore, the action in

this regard is contemplated.

Learned counsel for the respondent nos.10 to 22

(writ petitioners) seeks time to examine the legal

position as also the judgment relied upon by counsel for

the appellants.

Having regard to the circumstances of the case

and also considering the submission of the learned

counsel for the appellants and the judgment of the

Division Bench in the case of Swapan Chakraborty

(supra), we deem it proper to stay the operation of the

judgment of the learned Single Judge till the next date

of hearing.

However, we make it clear that this order will not

be construed to restrain the competent authorities

under the relevant Act to proceed in accordance with

law.

List on 8th of February, 2023.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj J.)

e