LAWS(CAL)-2019-11-102

RAM RATAN CHOWDHARY Vs. STATE OF WEST BENGAL

Decided On November 14, 2019
Ram Ratan Chowdhary Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The petitioner had approached the West Bengal Land Reforms and Tenancy Tribunal (hereafter the tribunal) by presenting O.A. 2650 of 2019 (LRTT). Proceedings initiated by the Block Land and Land Reforms Officer, Bally Jagacha under Section 14T(3) of the West Bengal Land Reforms Act, 1955 (hereafter the 1995 Act) were challenged therein. An interlocutory application was filed for interim relief in the original application. On such interlocutory application, the tribunal has passed an order dated 7th November, 2019 directing that no third party interest should be created in respect of the land forming subject matter of the proceedings. Irked by grant of partial interim relief, the petitioner has questioned the correctness of such order in this writ petition under Article 226 of the Constitution.

(2.) In course of hearing, Mr. Mukherjee, learned senior advocate appearing for the petitioner and Mr. Siddique, learned senior Government advocate appearing for the respondents have placed reliance on several orders passed by co-ordinate Benches of this Court as well as orders passed by the Supreme Court.

(3.) It is not in dispute that Civil Appeal No. 1416 of 1997 is pending before the Supreme Court, whereon an order was passed on 24th November, 2003 to the following effect: