Gd/Ssd vs The State Of West Bengal And Ors
2023 Latest Caselaw 292 Cal

16 10.01.2023 WPA(P)/637/2022 SUVENDU SARKAR AND ANOTHER gd/ssd VS THE STATE OF WEST BENGAL AND ORS.

Mr. P.R. Mitra, Mr. A.K. Roy ..for the Petitioners.

Mr. Debasish Ghosh, Mr. Debraj Sahu ..for the State.

Learned counsel for the petitioners has raised the

issue that the Rent Controlling Authority under the

West Bengal Premises Tenancy Act, 1997 performs

judicial function, therefore, it should be presided over

by a Judicial Member and in support of his submission

he has placed reliance upon the judgment of the

Hon'ble Supreme Court in the matter of Union of India

v. R. Gandhi, President, Madras Bar Association

reported in (2010) 11 SCC 1. He has also submitted

that there are unfilled vacancies in West Bengal Land

Reforms and Tenancy Tribunal in as much as the Post

of the Chairman is lying vacant since long and Judicial

Member in-Charge as Chairman is going to retire on 3rd

March, 2023. He has also submitted that the

guidelines which have been framed by the Hon'ble

Supreme Court in the matter of Mohammad Ahmed and

Another v. Atma Ram Chauhan and Others reported in

(2011) 7 SCC 755 in paragraph 21 are not being

followed.

Learned counsel for the State seeks two weeks'

time to obtain instructions in the matter.

List on 13th of February, 2023.

(Prakash Shrivastava, C.J.)

(Rajarshi Bharadwaj, J.)

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