S/L 14 v. The State of West Bengal & Ors.

Mr. Ashok Pandey Mr. Sudipta Nayan Ghosh … for the petitioner.

The affidavit-of-service as filed on behalf of the writ petitioner is taken on record.

None appears on behalf of the respondent/State and its instrumentalities, despite service.

On perusal of the petition under consideration, it reveals that the writ petitioner is aggrieved on account of inaction of the respondent no. 4/authority i.e., the BL & LRO, Bally, Jagacha for not taking appropriate steps to dispose of the application for mutation dated 01.04.2025.

On careful perusal of the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (hereinafter referred to as ‘the said Act of 1997’ for short), it reveals that under Section 2(r) of the said Act of 1997, West Bengal Land Reforms Act, 1995 comes under the purview of the ‘specified Act’.

It further appears to this Court that an application complaining inaction or culpable negligence of an authority under the ‘specified Act’ comes under the jurisdiction, power and authority of the Tribunal as established under Section 4 of the said Act of 1997.

Since the respondent no. 4/authority is an authority under the ‘specified Act’, this Court is constrained to hold 2 that this Court lacks jurisdiction to entertain the instant writ petition for granting relief to the writ petitioner.

With the aforementioned observations, the instant writ petition being WPA 29451 of 2024 is dismissed.

It is, however, made clear that the dismissal of the instant writ petition will not prevent the writ petitioner to approach the appropriate forum on the self-same cause of action, if so advised. (Partha Sarathi Sen, J.)