PURNIMA GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) TRANSFEREE . Petitioner submitted an application before the Block Land & Land Reforms Officer, Chakdaha, Nadia claiming reliefs under Section 14U(3) of the West Bengal Land Reforms Act, 1955. Since the said application is pending for disposal before the concerned B.L.&L.R.O. since 22nd November, 2013, the petitioner filed a tribunal application being OA No. 3369 of 2013 (LRTT) before the West Bengal Land Reforms and Tenancy Tribunal seeking issuance of direction upon the concerned B.L.&L.R.O. for expeditious disposal of the petitioner's said application under Section 14U(3) of the said Act appearing at page 27 of this writ petition.

(2.) SINCE the Learned Tribunal refused to pass any interim order in favour of the petitioner, the petitioner came before this Court with this writ petition. As a matter of fact, the petitioner prayed for an interim injunction for restraining the respondents from disturbing her possession in respect of the land in question until the said tribunal application is decided.

(3.) AFTER hearing the learned advocates of the parties and after considering the materials on record, we feel that since the concerned B.L.&L.R.O. has not yet decided the petitioner's application under Section 14U(3) of the said Act, justice will be subserved if instead of sending the parties to the Learned Tribunal for disposal of the said tribunal application, we dispose of this writ petition by directing the concerned B.L.&L.R.O. to dispose of the petitioner's application under Section 14U(3) of the said Act appearing at page 27 of this writ petition at an early date. Accordingly, we dispose of this writ petition by directing the Block Land & Land Reforms Officer, Chakdaha, Nadia to consider and dispose of the petitioner's application under Section 14U(3) of the said Act appearing at page 27 of this writ petition by passing a reasoned order after giving a reasonable opportunity of hearing to the petitioner and the other interested parties positively within a period of eight weeks from the date of communication of this order. Interim order which was passed by this Court on 15th May, 2014, as mentioned above, will continue till the disposal of the petitioner's application under Section 14U(3) of the said Act. The writ petition is, thus, disposed of. Since the writ petition is disposed of at the motion stage without inviting any affidavit from any of the parties, let it be recorded that the allegations made by the petitioner in this writ petition are not deemed to be admitted by the respondents. In view of disposal of this writ petition in the manner as aforesaid, the said tribunal application is deemed to be disposed of. Let this order be communicated to the Learned Tribunal by the Registry immediately. Urgent photostat certified copy of this order, if applied for, be furnished to the applicant as early as possible.