DULAL CHANDRA MANNA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This Bench since advent of determination having assigned by the Hon'ble Chief Justice is grappliing with the menace of writ petitions pouring in the docket assailing the order not on merit but on the score that in the garb of seeking status report from the Government the matter is fixed under the heading 'Motion' after a gap of one year. Article 323B of the Constitution of India bestowed power upon the Government to make appropriate legislation for adjudication or trial by the Tribunals on any disputes, complaints or offences with respect to all or any other matters specified in Clause (2) with respect to which the legislature has power to make laws. Clause (2)(d) of the Constitution confers power upon the Government to establish Tribunal for adjudication of any disputes relating to land reforms by way of an acquisition by the State or any right therein or the extinguishment or modification of any such right or by way of ceiling of agricultural land or any other way.

(2.) In exercise of such power conferred under Article 323B of the Constitution of India and for adjudication and trial of the disputes, claims and objections relating to or arising out of land reforms and tenancy in land in other matters, West Bengal Land Reforms and Tenancy Tribunal Act, 1997 was promulgated. The said Act sought to achieve twin objects; firstly it is intended to ease out the congestion in the docket of the High Court and to avoid docket explosion; secondly to achieve speedy and effective trial or adjudication of the disputes in relation to the specified Act defined in Sec. 2(r) thereof.

(3.) The object and purpose behind the incorporation of the said Act establishing a Tribunal would be totally frustrated, if the matters are dealt in a regular routine manner and shelter is taken under the congestion of case diary, which is normally maintained in the Civil Courts at the District level. The said Tribunal has its own Rules regulating the procedures and, therefore, a person, who is entrusted to discharge the duties, has to change the mindset and it is expected to uphold the object and purpose of establishing the Tribunal.