M/S Larica Estate Limited & Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 5013 Cal

DL-12

14.08.2023
Court No.5                        WPLRT 79 of 2017
(AD)                                     With
                                IA No.: CAN 3 of 2023

                         M/S Larica Estate Limited & Anr.
                                       Vs.
                         The State of West Bengal & Ors.

                   Mr. Saptangshu Basu, Ld. Sr. Advocate
                   Mr. Snehashis Sen
                                          ... for the petitioners.

                   Md. T.M. Siddiqui, Ld. AGP
                   Mr. Supratim Dhar
                                            ... for the State-respondents.

In Re.: IA No.: CAN 3 of 2023

CAN 3 of 2023 is an application for restoration.

For the ends of justice and considering the averments

made in the application for restoration, we recall the order

of dismissal and restore WPLRT 79 of 2017 to its original

file and number.

In re.: WPLRT 79 of 2017

The writ petition is directed against an order dated

June 14, 2017 passed in O.A. No.799 of 2014 by the West

Bengal Land Reforms and Tenancy Tribunal.

Learned Senior Advocate appearing for the writ

petitioners submits that, the writ petitioners are promoters.

The writ petitioners developed immovable properties. The

writ petitioners suffered a notice under Section 14T(3) of the

Land Reforms Act, 1956. He relies upon 2007(3) CHN 683 (

Niranjan Chatterjee & Ors. Vs. State of West Bengal & Ors.)

and submits that, till such time the decision of Paschim

Banga Rajya Bhumijibi Sangha vs. State of West Bengal

reported in 1996(2) CLJ 285 is not set aside, no proceedings

under Section 14T(3) of the Land Reforms Act, 1955. He

submits that, provision of Section 14T(3) was declared to be

ultra vires by Paschim Banga Rajya Bhumijibi Sangha

(supra). Supreme Court granted stay of such judgment and

order which is to be construed inter parties. However, the

declaration that the provisions of Section 14T(3) is ultra

vires, remains.

The Supreme Court in the appeal directed against

Paschim Banga Rajya Bhumijibi Sangha(supra) directed

maintenance of status quo.

In the facts of the present case, it would be

appropriate to direct the writ petitioners to disclose the

particulars of the persons in occupation of the buildings

constructed, the dates of their allotments, the name of the

allottee, the name of the persons in actual occupation, the

date of registration of the title deed in respect of the flats

concerned and any other particulars that the petitioners

deem appropriate.

Let such particulars be furnished within a fortnight

from date.

List the writ petition three weeks hence.

Learned Senior Advocate appearing for the writ

petitioners submit that, the particulars need be furnished

in respect of only the land declared to be in excess.

We, however, require the writ petitioners to disclose

particulars of the entirety of the land in respect of which

proceedings under Section 14T(3) were initiated.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)