MD.JARIF ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This appeal is at the instance of the Writ petitioner challenging the order of the Learned Single Judge dtd. 24/2/2022, whereby W.P.A. No. 1725 of 2022 (Md. Jarif Ali-Vs-The State of West Bengal and Ors.) has been disposed of with cost.

(2.) The facts in a nutshell are that the appellant/ writ petitioner is the secretary of a society namely Paharpur Bamungram Fisherman Co-operative Society. On 5/1/1983 a lease agreement was executed in favor of the said Co-operative Society in its former name Paharpur Fish Product and group by the Governor of West Bengal for a period of ten years. Subsequent lease agreements were made on expiry of the former agreements. The last agreement was renewed by the Additional District Magistrate, being the respondent No.3 on 10/8/2015 mentioning the lease period for three years starting from 1422 B.S to 1424 B.S.

(3.) In 2015 after the payment of rent, the appellant was informed that the BLRO, being the respondent No.6 issued pathas in respect of the said Jalkars vide R.S Dag No. 355, 355/490 of Mouza-Purba Krishnapur, J.L No. 150 in the name of a stranger violating the provisions of law. Owing to this, the appellant moved before the Learned Tribunal with an application being O.A No. 2175 of 2012 (LRTT). The Learned Tribunal by an order dtd. 1/10/2013, directed the respondent No.3 to treat the application as representation and dispose of the same in accordance to law. Furthermore, another application vide O.A No. 418 of 2012 was also disposed of by the Learned Tribunal with a request to the respondent No.3 to direct the respondent No.6 to initiate a proposal for annulment of patta of the Jalkar. However the respondent No.3 and the respondent No. 6 did not comply with any of the said orders passed by the Learned Tribunal.