LAWS(CAL)-2001-1-36

BADAL CHANDRA JANA Vs. STATE OF WEST BENGAL

Decided On January 24, 2001
BADAL CHANDRA JANA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) By this writ petition, the petitioners wanted to obtain a Writ in the nature of Mandamus, Prohibition, Certiorari and other orders in respect of the relief 's including quashing the impugned notices under Annexures - 'H', T, and 'K' to the writ petition and also other incidental prayers arising out of certain immovable properties including the determination of the rayati rights of the Petitioners. In fact, the Petitioners challenged the notice of the concerned Block Land & Land Reforms Officer under Annexure - 'K' to the writ petition by which the Block Land & Land Reforms Officer called upon the Petitioners to place their case by confronting with the final determination of the Commissioner of Wakfs, West Bengal dated November 25, 1991.

(2.) Learned Counsel appearing for the Respondents raised a preliminary objection by saying that stage of the notice is no more existence in view of hearing and final order being passed which has not been challenged before this Court. To that, Mr. Maity, learned senior Counsel in support of this writ Petitioners contended that until and unless a copy of the order is obtained, there is no scope to challenge such order or orders.

(3.) Firstly, good, bad or indifferent no challenge has been thrown as regards finalisation of the issue on the basis of the order passed by the Block Land & Land Reforms Officer. Secondly on the other hand, the Petitioners under this writ petition challenged certain notices of the Commissioner of Wakfs, West Bengal, under Annexures - 'H' and T basically taking the point that the Commissioner of Wakfs, West Bengal, has no authority to issue such notices since the property does not belong to the Wakfs at all. Therefore, according to them, notice of the Block Land & Land Reforms Officer based on such notices and result of proceeding before the Commissioner of Wakfs, West Bengal has to be declared bad irrespective any result based on such notice and proceeding.