Ramswarup Industries Limited & ... vs The State Of West Bengal & Ors
2023 Latest Caselaw 6267 Cal

Form No. J.(2)
Item No.1


                 IN THE HIGH COURT OF JUDICATURE AT CALCUTTA
                          CIVIL APPELLATE JURISDICTION
                                 APPELLATE SIDE

                              HEARD ON: 19.09.2023

                            DELIVERED ON: 19.09.2023
                                      CORAM:

                 THE HON'BLE CHIEF JUSTICE T.S. SIVAGNANAM
                                 AND
           THE HON'BLE MR. JUSTICE HIRANMAY BHATTACHARYYA

                              M.A.T. 1853 of 2023
                       Ramswarup Industries Limited & Anr.
                                       Vs.
                         The State of West Bengal & Ors.
Appearance:-

Mr. Ratnanko Banerji, Sr. Adv.
Mr. Arindam Banerjee
Mr. Deepan Kr. Sarkar
Mr. Shounak Mitra
Mr. Zulfiqar Ali Alquaderi
Ms. Shivangi Thard                          .........for the appellants


Mr. Amal Kr. Sen
Mr. Supratim Dhar
Ms. Indrani Nandi                     .........for the State



                                    JUDGMENT

(Judgment of the Court was delivered by T.S. SIVAGNANAM, C.J.)

1. This intra-Court appeal by the writ petitioner is directed against the order

dated 18th September, 2023 passed in W.P.A. 22280 of 2023. In the said

writ petition, the appellants challenged a notice issued by the Revenue

Inspector, Gopalpur, Kanksa, Paschim Bardhaman dated 7 th September,

2023 issued in the name of M/s. Vanguard Credit Holding Private Limited

informing them that the land in question is to be measured on 19 th

September, 2023 at 12.00 p.m. and directing them to be present at the

place mentioned in the said notice.

2. The learned Single Bench by the impugned order refused to grant any

interim protection but directed affidavit in opposition to be filed by the

respondents within a time frame. Aggrieved by such order, the appellants

have preferred the present appeal.

3. The legal issue, which has been raised in the writ petition is as regards the

effect of a Resolution Plan drawn under the provisions of the Insolvency

and Bankruptcy Code qua the order of vesting passed under the provisions

of the West Bengal Land Reforms Act.

4. It is the submission of the appellants that the proceedings for vesting

commenced much after the Resolution Plan was drawn inasmuch as the

impugned notice was issued on 25th August, 2022 in the name of Vanguard

Credit Holdings Private Limited, who have no longer any interest in the

matter since a Resolution Plan has been drawn and it is the

appellants/writ petitioners, who are aggrieved.

5. The learned Government counsel on the other hand would submit that

vesting proceedings commenced much earlier and the land stood vested

with the Government free from all encumbrances in the year 1971 and the

notice dated 7th September, 2023 is a follow up action initiated in terms of

section 57 of the West Bengal Land Reforms Act.

6. The learned Single Bench by the impugned order has also noted the

submission made on behalf of the respondent authorities that the

appellants have already filed an application before the tribunal constituted

under the provisions of the West Bengal Land Reforms Act challenging the

proceedings initiated by the authorities.

7. In our view, though the legal issue has to be resolved in the pending writ

petition, in the interregnum, the appellants should not be permitted to

interdict the proceedings initiated under the provisions of the Land Reforms

Act by seeking for an interim order in the present proceedings in the light

of the fact that the appellants have already moved an application before the

learned tribunal, which is now pending. However, if further proceedings are

initiated pursuant to the notice dated 7 th September, 2023, it may have

other adverse consequences in the light of the Resolution Plan, which has

been drawn under the provisions of the Insolvency and Bankruptcy Code.

Therefore, the following order will meet the ends of justice.

8. Accordingly, the appeal stands disposed of by directing the appellants to

file an application before the learned tribunal praying for appropriate

interim orders and if such an application is filed, the learned tribunal is

requested to hear the said application within a period of two weeks from

the date on which the application is filed and to consider all issues, which

may be raised before the tribunal after hearing the respondent authorities.

9. Consequently, the notice dated 7 th September, 2023 shall remain stayed for

a period of four weeks from the date on which a server copy of this order is

received by the appellants.

10. It is made clear that we have not gone into the merits of the matter and it is

needless to state that the learned tribunal shall take a decision on merits

and in accordance with law uninfluenced by any observation made by the

learned Single Bench in the impugned order or any observation made by us

in this order.

11. No costs.

12. Urgent photostat certified copy of this order, if applied for, be furnished to

the parties expeditiously upon compliance of all legal formalities.

(T.S. SIVAGNANAM) CHIEF JUSTICE I agree.

(HIRANMAY BHATTACHARYYA, J.)

Raja/PALLAB AR(Ct.)