RANJIT KUMAR BAGCHI Vs. STATE OF W B

JUDGEMENT

(1.) Petitioner purchased certain plots of lands within the District of Howrah by several deeds in respect of which, name of petitioner has been mutated. Petitioner prayed for conversion of lands from Sali to Factory. All requisites were supplied in support of such prayer as indicated by the concerned authorities. When said prayer for conversion was refused, petitioner approached the West Bengal Land Reforms and Tenancy Tribunal in O.A. No. 3502 of 2003. Said original application was disposed of by the impugned order on the ground that order passed by the concerned authority refusing conversion is appealable under Section 54 of the West Bengal Land Reforms Act and therefore, liberty was granted to the petitioner to prefer appeal against the order impugned.

(2.) Heard Mr. Ashok Banerjee, learned Counsel forthe petitioner and Mr. Rabilal Maitra learned Government Pleader.

(3.) Main contention of Mr. Banerjee, learned Counsel appearing for petitioner is that Section 54 of the West Bengal Land Reforms Act only provides for procedure or manner of preferring appeal naming forum only and it itself is not a provision providing for appeal against any particular order or orders. It is argued that said argument was considered in two earlier writ petitions by two learned Single Judges but was not accepted and said judgments were in the case of Bidya Bhusan Mahapatra v. State of West Bengal reported in 1977 (1) CLJ 387 and Narayan Chandra Kundu v. State of West Bengal reported in 1982 (1) CLJ 61.