ANANDA KOLEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application filed under Art. 226 of the Constitution of India for a direction upon the West Bengal Land Reforms and Tenancy Tribunal to fix up an early date for hearing of the original application of the writ petitioner in the matter of Ananda Koley Vs. State of West Bengal & Others bearing O.A. 3598 of 2015.

(2.) At the very outset a preliminary objection is raised on behalf of the State respondents. It is submitted by Mr. Pranab Kumar Dutt, learned senior standing counsel, West Bengal that the learned Tribunal has not been made a party to this proceedings. Therefore, it is not maintainable on the ground of nonjoinder of the necessary party.

(3.) It is submitted by Mr. Dutt that according to the settled proposition of law, Writ of certiorari lies only in respect of a judicial and quasi judicial act as distinguished from administrative act. According to him, where in a Writ in the nature of certiorari under Art. 226 of the Constitution of India, a person or persons is/are necessary party or parties in whose favour a Tribunal or authority had passed an order, which is sought to be quashed.