LAWS(CAL)-2023-7-142

YEH CHI HUI Vs. STATE OF WEST BENGAL

Decided On July 07, 2023
Yeh Chi Hui Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Writ petitioners have assailed the order dated December 8, 2022 passed by the West Bengal Land Reforms and Tenancy Tribunal in OA No. 2654 of 2017.

(2.) Before the tribunal, the writ petitioners had questioned the legality, validity and proprietary of the order dated June 15, 2017 passed by the appellate authority in connection with an appeal arising out of order dated August 4, 2016 passed by the prescribed authority exercising jurisdiction under Sec. 14 T (3) of the West Bengal Land Reforms Act, 1955.

(3.) By the impugned order, the tribunal had found the writ petitioners to be pre-vesting purchasers. The tribunal had held that the acquisition of land was a form of transfer and therefore the authorities correctly invoked Sec. 14 T (3) of the Act of 1955 and that the writ petitioners were not entitled to challenge the vesting proceedings and were not entitled to any benefit under Sec. 14 U (3) of the Act of 1955. The tribunal however had granted liberty to the writ petitioners to apply for benefits under Sec. 14 U (3) of the Act of 1955 before the appellate authority within the time specified therein.