LAWS(CAL)-2007-5-7

AMARESH DAS Vs. STATE OF WEST BENGAL

Decided On May 10, 2007
AMARESH DAS Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This application under Article 226/227 of the Constitution of India is at the instance of the unsucessful applicants before the West Bengal Land Reforms and Tenancy Tribunal and is directed against order dated February 15, 2007 passed by the said Tribunal thereby dismissing the application filed by the writ petitioners.

(2.) Being dissatisfied with an order dated July 3, 2002 passed by the B.L. & L.R.O. concerned, the private respondents before us, the owners of the disputed lands, moved an application before the Tribunal thereby challenging the order of the said B.L. & L.R.O. by which the predecessors-in-interest of the present writ petitioners were declared bargadar in respect of the property in dispute with direction upon him to take possession of the property concerned. The Tribunal dismissed the said application on the ground that the private respondents had efficacious alternative remedy by way of appeal.

(3.) Being dissatisfied, the private respondents, in the past, filed a writ application under Article 226/227 of the Constitution of India before a Division Bench of this Court but the said Division Bench dismissed such application thereby affirming the order passed by the Tribunal.