PRASANTA KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By jumping the statutory forum provided under the relevant Act, the West Bengal Land Reforms and Tenancy Tribunal was approached for adjudication of the disputes for redressal of the grievances raised therein, which had been rejected by the Tribunal by passing the impugned order.

(2.) Sec. 10(3)(a) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1987 provides that the Tribunal shall not admit any application unless the applicant has availed of all the remedial measures available to him under the relevant specified Act. However, an exception is carved out in Clause (b) of Sub-sec. 3 of Sec. 10 of the said Act that despite the existence of remedial measures if the Tribunal finds that it is not adequate or shall cause undue hardship to the applicant, the application can be maintained or entertained by the Tribunal.

(3.) Probably the writ petitioners have taken shelter under the aforesaid Clause and sought to contend that it would cause hardship to approach the forum provided in the statute and, therefore, the Tribunal ought to have held that the application is maintainable.