November 16 v. The State of West Bengal & Ors.
Case at a glance
- Bench
- SUVRA GHOSH
Provisions considered
- West Bengal Land Reforms Act, 1955 ss. 50, 57
- West Bengal Land Reforms and Tenancy Tribunal Act, 1997 ss. 2(r), 8
- Constitution of India arts. 226, 227
Judgment
Heard learned counsels for the parties. The present writ petition challenges a notice issued by the Block Land & Land Reforms Officer, Bhagwanpur-I, Purba Medinipur under Sections 50 and 57 of the West Bengal Land Reforms Act, 1955. Section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 defines the West Bengal Land Reforms Act, 1955 as a “specified Act”. Section 8 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, excludes jurisdiction of courts to deal with matters under the “specified Act” except where such court exercises writ jurisdiction under Articles 226 and 227 of the Constitution by a Division Bench, or any civil court, except the Supreme Court. In view of such proposition of law as laid down in the Act itself, this Court has no jurisdiction to deal with the matter pertaining to Sections 50 and 57 of the West Bengal Land Reforms Act, 1955. Accordingly, the writ petition being WPA 19074 of 2022 is dismissed as not maintainable. 2 There shall however, be no order as to costs. Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities. (Suvra Ghosh, 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.