(Rakesh Pal vs State Of West Bengal & Ors.)
2022 Latest Caselaw 838 Cal

12
jdt.




   25.02.2022
      jb.


                             W.P.A. 16514 of 2021
                (Rakesh Pal vs. State of West Bengal & Ors.)

                Mr. Moniruzzaman
                Mr. D. Saha
                           .... For the Petitioner

                Mr. Sirsanya Bandyopadhyay
                Mr. Arka Kr. Nag
                           .... For the State


                        The    petitioner        prays     for    a     direction

                upon     the        District    Land      and    Land    Reforms

                Officer for consideration of his applications

                for long term lease in respect of Plot No.

                2093 in Mouza-Gandharbapur comprising an ara

                of 3 decimals submitted on 1st January, 2013

                and    27th        September,    2021.     In    reply     to    an

                application filed by the petitioner under the

                Right         to      Information         Act,    2005,         the

                petitioner was informed that his prayer was

                under process.



                        Learned        counsel      for     the       petitioner

                places reliance on a Division Bench judgment

                of this Court in the case of Bhandardaha Beel

                Matsyajibi Samabay Samity Limited vs. State
                                   2




of West Bengal reported in 2014(1) CHN (CAL)

544 in support of his contention.



       Learned counsel appearing for the State

respondents submits that the grievance of the

petitioner should be placed before the Land

Reforms and Tenancy Tribunal and this Court

has no jurisdiction to entertain the same.

In view of the proposition of law as

laid down in the judgment referred to by the

petitioner in the case of Bhandardaha Beel

Matsyajibi Samabay Samity Limited (supra),

this Court is of the view that the third

respondent may be directed to consider the

applications filed by the petitioner within a

stipulated period of time.

In view of the above, the writ petition

is disposed of directing the 3rd respondent to

consider and dispose of the applications of

the petitioner submitted on 1st January, 2013

and 27th September, 2021 within a period of

one month from the date of communication of

this order after affording reasonable

opportunity of hearing to the petitioner, in

accordance with law.

W.P.A. 16514 of 2021 is thus disposed

of.

There shall be no order as to costs.

Since no affidavit has been invited,

allegations contained in the writ petition

shall be deemed not to have been admitted.

Urgent certified website copy of the

order, if applied for, be given to the

parties on compliance of requisite

formalities.

(Suvra Ghosh, J.)