Md. Asafuzzaman Sarkar & Ors. v. The State of West Bengal & Ors.
Case at a glance
- Bench
- AMRITA SINHA
Outcome
Disposed of
The writ petition stands disposed of
Provisions considered
- West Bengal Land Reforms Act, 1955 s. 50
- Constitution of India art. 226
Judgment
Mr. Manojit Pal. … for the Petitioners. Mr. Biswabrata Basu Mallick. Ld. A.G.P. Mr. Tamal Taru Panda. … For the State. Mr. Taharima Khatun. … for the respondent nos. 16 and 17.
The petitioners are aggrieved by the illegal act of the respondent authorities in recording the names of the private respondents in the record of rights without following the due process of law.
Approach was made under the prescribed authority under Section 50 of the West Bengal Land Reforms Act, 1955 and the competent authority was of the opinion that recording has been made correctly.
A complaint was lodged before the police, the same is alleged to be kept pending. The petitioners pray for investigation.
It appears that steps were taken by the authority under the West Bengal Land Reforms Act, 1955. The same being a specified Act, any action taken thereunder is not open to challenge under Article 226 of the Constitution of India as a Court of first instance.
It will be open for the petitioners to approach the competent forum for correction of the records of rights in accordance with law, if so advised.
If the petitioners intend to proceed with their prayer for investigation, then it will be open for the 2 petitioners to avail the remedy under the appropriate criminal law.
Operative part
The writ petition stands disposed of.
Urgent certified photocopy of this order, if applied for, be supplied to the parties expeditiously on compliance of usual legal formalities. (Amrita Sinha, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands disposed of
Which statutory provisions did this judgment involve?
West Bengal Land Reforms Act, 1955 — s. 50; Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.