NAWAL SULTANIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Writ petitioners have assailed the order dated May 17, 2022 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA No. 393 of 2015 (LRTT).

(2.) By the impugned order, the learned Tribunal has dismissed the original application being OA No. 393 of 2015 filed by the writ petitioner. The appellants had approached the learned Tribunal under Sec. 12 of the West Bengal Thika Tenancy (Acquisition and Requisition) Act, 2001 assailing the order in original dated December 31, 2014 of the Thika Controller dismissing the application of the appellants seeking declaration that the properties in question were vested with the State under the provisions of the West Bengal Thika Tenancy (Acquisition and Requisition) Act, 2001 and that the appellants were thika tenants in respect of the properties concerned.

(3.) Learned advocate appearing for the writ petitioners has submitted that, the appellants entered into possession of the immovable property concerned by virtue of a written agreement dated September 20, 1997. He has referred to such written agreement. He has submitted that, although the written agreement claims that license was granted to the writ petitioners in respect of the immovable property concerned, in effect, the writ petitioners were tenants under the private respondents. He has contended that, the private parties executed subsequent documents and such documents, according to him, established that a tenancy had been given to the writ petitioners by the landlord, in respect of the immovable property concerned. He has contended that, the terms of the written agreement permitted the writ petitioners to construct structures on the immovable property concerned. The writ petitioners had constructed permanent structures on the property concerned.