STATE OF WEST BENGAL Vs. AMITAVA CHATTYOPADHAYAY

JUDGEMENT

(1.) Affidavit-of-service filed in court today be kept on record.

(2.) At the outset, learned counsel for the State/writ petitioners takes a preliminary objection to the impugned order to the effect that an appeal was available against the order impugned before the Tribunal under Sec. 54 of the West Bengal Land Reforms Act, 1955.

(3.) It transpires upon hearing both sides that the learned Tribunal proceeded on the premise that no litigant can approach the Tribunal under Sec. 10(3)(a) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 but an exception is carved out in sub-Sec. (b) of the said provision where the Tribunal may entertain the application without resorting to the remedial measures, provided it would cause undue hardship, but it must be of a higher magnitude than a mere hardship and there must be strong reasons.