Smt. Jharna Pradhan (Maity) & Ors vs State Of West Bengal & Ors
2023 Latest Caselaw 7072 Cal

 11 & 14
12.10.2023
                                 MAT 1683 of 2023
KAUSHIK                              CAN 1 of 2023
                                     CAN 1 of 2023
                           Smt. Jharna Pradhan (Maity) & Ors.
                                          Vs.
                              State of West Bengal & Ors.

                                          With


                                 MAT 1702 of 2023
                            Smt. Jharna Pradhan Maity & Ors.
                                          Vs.
                              State of West Bengal & Ors.



             Mr. Biswaroop Bhattacharya
             Mr. Priyabrata Thakur
             Ms. Sayani Das
             Mr. Snehasis Dey
                               ... for the appellants in both the appeals

             Mr. N. C. Bihani
             Ms. Papiya Banerjee Bihani
                               ... for the DSDA

             Mr. Jayanta Samanta
             Mr. Manas Kumar Sadhu
                              ... for the State


                        Two appeals are taken up for analogous hearing as

             they are at the instance of the same appellant.

                        Apparently, proceedings under the provisions of

             the West Bengal Public Land (Eviction of Unauthorised

             Occupants) Act, 1962 were initiated as against the appellants.

             Appellants filed a writ petition being WPA 27572 of 2022,
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which was disposed of by an order dated December 14, 2022.

           The appellants preferred an appeal from the order

dated December 14, 2022 being MAT 3032 of 2022, which

was disposed of by an order dated January 6, 2023.

           The appellants, thereafter, approached the Writ

Court by way of WPA 18324 of 2023 challenging an order

passed by the Sub-Divisional Officer dated April 10, 2023. In

such writ petition, the learned First Court took note of the

fact that remedy by way of statutory appeal was available.

           The appellants preferred an appeal from the

judgment and order dated August 1, 2023 passed in WPA

18324 of 2023 being MAT 1702 of 2023, which is one of the

appeals, being heard.

           The appellants approached the Writ Court again by

way of WPA 20944 of 2023, which was disposed of by an

order dated August 25, 2023,.     Challenge in the third writ

petition was with regard to non-service of the report, which

was considered by the Sub-Divisional Officer. The appellants

being aggrieved by the order dated August 25, 2023,

preferred in appeal being MAT 1683 of 2023, which is also

being heard.

           During the pendency of the two appeals, an
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authority claiming to be Appellate Authority under the

provisions of the Act of 1962 passed an order dated October

4, 2023.

             In such conspectus, it would be appropriate that

appellants are granted leave to pursue their remedies with

regard to the order dated October 4, 2023, before the

appropriate forum, in accordance with law.

             It is the contention of the appellants that the

order dated August 4, 2023 was passed beyond jurisdiction.

It is the contention of the respondents in the two appeals

that the appeals are not maintainable.

We are not minded to enter into the rival

contentions of the parties in view that an order dated

October 4, 2023 passed by an authority claiming to be the

Appellate Authority exercising jurisdiction under the

provisions of the Act of 1962 exists. It is for the appellants

to take steps with regard thereto. Such order is not the

subject matters of the two appeals before us.

We keep all points raised by the rival parties open

to be adjudicated by the appropriate forum, if approached and

if raised.

With the aforesaid observations, MAT 1683 of

2023 and MAT 1702 of 2023 along with all connected

application are disposed of without any order as to costs.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)