✦ Calcutta High Court

April 11 v. The State of West Bengal & Ors.

Misc. Case No. 1282 of 2024PARTHA SARATHI SEN

Case at a glance

Provisions considered

Judgment

Mr. Soumitra Bandyopadhyay, Sr. Govt. Adv. Ms. Suchana Banerjee … for the petitioners ... for the State Mr. Apratim Bhattacharya Mr. Arpan Guha ... for the respondent no.6

1.

The subject matter of the instant writ petition is the orders

25.09.2024,

30.10.2024

05.12.2024 as passed in Misc. Case No.1282 of 2024 by the prescribed authority under Section 50 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as ‘the said Act of 1955’ for short).

2.

On careful perusal of the aforementioned orders, it reveals that the said prescribed authority after hearing the contending parties before him declined to alter and/or to modify the record of rights in favour of the applicants before him as prayed for.

3.

On behalf of the respondent State as well as on behalf of the private respondent no.6, attention of this court is drawn to the provision of Section 50 and Section 54 of the said Act of 1955.

4.

It is submitted both on behalf of the respondent State as well as on behalf of the private respondent that the orders which were passed under Section 2 50 of the said Act of 1955 is an appealable order under Section 54 of the said Act of 1955.

5.

On careful consideration of the entire materials as placed before this court and on perusal of the relevant provision of the said Act of 1955, it appears to this court that the writ petitioners have chosen a wrong for ventilating grievance while assailing the aforementioned orders as passed under Section 50 of the said Act of 1955.

6.

This court thus finds that the instant writ petition is not maintainable.

7.

WPA 6363 of 2025 is thus dismissed. There shall be no order as to costs.

8.

All the parties shall act on the basis of the server copy of the order. (Partha Sarathi Sen, J.)

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.

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