M/S. Larica Estate Limited & Anr vs The State Of West Bengal & Ors
2023 Latest Caselaw 6214 Cal

15.09.2023 Item No.7 Ct. No.5 CHC

W.P.L.R.T.79 of 2017

M/s. Larica Estate Limited & anr.

Vs.

The State of West Bengal & ors.

Mr. Saptangshu Basu, Sr. Advocate Mr. Rishad Medora, Mr. Debraj Sahu, Mr. Abhishek Banerjee ...for the writ petitioners

Md. T. M. Siddiqui, Ld. A.G.P.

Mr. Lalit Mohan Mahata, Ld. A.G.P. Mr. Supratim Dhar, Mr. Suddhadev Adak ...for the State

The writ petition is directed against an order

dated June 14, 2017 passed by the West Bengal Land

Reforms and Tenancy Tribunal in O.A.799 of 2014

(LRTT).

Learned Senior Advocate appearing for the

writ petitioners submits that, in view of the judgment

of the Supreme Court in Paschim Banga Rajya

Bhumijibi Sangha vs. State of West Bengal [1996

(2) CLJ 285] the proceeding initiated by the

authorities were not maintainable. Without prejudice

to such contention, he submits that, the concerned

B.L. & L.R.O. mis-directed the proceeding. The

concerned B.L. & L.R.O. took into account the total

land held by the writ petitioners as on August 13,

2008 without taking into consideration the land sold

by the writ petitioners till such date by registered

deed of conveyances. He submits that, the writ

petitioners are promoters, the nature of business of

the writ petitioners require writ petitioners to buy an

immovable property. As on August 13, 2008,

therefore, the writ petitioners did not hold any land

over the ceiling limit.

The State is represented.

Wholly without prejudice to the rights and

contentions of the parties it would be appropriate to

direct the concerned Block Land and Land Reforms

Officer to submit a report as to the total quantum of

land held by the writ petitioners as on August 13,

2008 after taking into consideration the total area of

land purchased by the writ petitioners till August 13,

2008, in the entirety of the State of West Bengal and

the total area of land that the writ petitioners sold as

on that date, again in the entirety of the State of West

Bengal.

No doubt the writ petitioners will cooperate

with the concerned B.L. & L.R.O. in this exercise and

produce documents in support their claim.

List the writ petition on October 11, 2023,

when the report as called for be submitted.

(Debangsu Basak, J.)

(Md. Shabbar Rashidi, J.)