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2025 DAILYLAW 21433 (CAL)

PRABIR CHATTERJEE v. STATE OF WEST BENGAL AND ORS.

WPA/9406/2023 · 2025-09-22

Partha Sarathi Sen

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

N.22Sl 151/CL 22.09.2025 SL-06 Ct.19 (S.R.) WPA 9406 of 2023 Prabir Chatterjee -vs- The State of West Bengal & Ors. Mr. Pintu Karar Mr. Sabab Uddin Laskar … for the petitioner. Mr. Ashim Kumar Ganguly, Ld. AGP Mr. Bellal Saikh … for the State. 1. The affidavit of service as filed today on behalf of the writ petitioner is taken on record. 2. At the time of hearing, Mr. Saikh, learned advocate appearing on behalf of the respondent/State has filed a report dated 12.09.2025, as prepared by the jurisdictional BL&LRO, who is the respondent no.5 herein. The report dated 12.09.2025, as filed on behalf of the respondent/State, is taken on record. 3. The subject matter of the instant writ petition is the alleged wrong recording of name in the record of rights in respect of bastu land measuring more or less 3 decimals comprised within JL No.65, Mauza - Jhikira within Joypur Police Station, within LR Khatiyan No.2123, LR Dag No.962/1822. 4. At the time of hearing Mr. Karar, learned advocate appearing on behalf of the writ petitioner at the very outset draws attention of this Court to page nos.16 of the instant writ petition. It is submitted that from the copy of the said record of rights, it would reveal that the aforementioned bata plot was recorded in the name of Debottor Shri Shri Maa Chandi Thakurani. It is further submitted by Mr. Karar that from the earlier record of rights, it would reveal that the said bata plot was recorded in the name of the writ petitioner, who is one of the sebaits of the said deity. 5. It is the further case of the writ petitioner that all of a sudden, the writ petitioner came to learn that the aforementioned land measuring about 3 decimals have been recorded in Khatian No.1 without giving any notice to the writ petitioner and, thus, finding no other alternative, the writ petitioner filed an application under the Right to Information Act on 30.03.2023, however, the said application was not replied to and, thus, thereafter, the writ petitioner on 28.01.2022 by submitting a representation in writing requested the respondent no.5/authority to take appropriate steps for re-entering the said bata plot in the appropriate Khatian in the name of the said Deity, which was not, at all, adhered to. 6. It is, thus, submitted by Mr. 6. It is, thus, submitted by Mr. Karar that appropriate relief/reliefs may be granted to the writ petitioner in terms of the prayers made in the instant writ petition. 7. Per contra, Mr. Saikh, learned advocate appearing on behalf of the respondent/State draws attention 2 of this Court to the report as submitted before this Court. It is submitted by Mr. Saikh that from the report, as submitted today, it would reveal that, admittedly, the said bata plot of land was recorded in the name of the said Deity at one point of time. However, from page no.29 of the report, it would reveal that the said bata plot of land was vested to the State as per the provisions of Sections 4 and 5 of the West Bengal Estate Acquisition Act, 1953 whereby and whereunder, the interest of all intermediaries were abolished and, accordingly, as per newly published LRROR, the aforementioned 3 decimals bata plot of land was recorded in the Khatian No.1, since it was vested to the respondent/State. 8. From the chronology of events, as discussed hereinabove, which gets due support from the report as submitted before this Court, this Court finds no illegality aand/or irregularity in the action of the respondent/State. It further appears to this Court that Section 54 of the West Bengal Land Reforms Act, 1955 clearly mandates for preferring an appeal before the appropriate authority challenging revision or correction of entry in the record of rights before and/or after its final publication. 9. In view of the availability of the efficacious statutory 3 alterative remedy, this Court finds no reason to allow the instant writ petition by directing the respondent no.5/authority to consider the representation of the writ petitioner, as made on 28.01.2022 as well as the subsequent representation dated 30.03.2023. 10. With the aforementioned observations, WPA 9406 of 2023 is dismissed. 11. There shall, however, be no order as to costs. 12. Urgent photostat certified copies of this order, if applied for, be supplied to the parties upon compliance with all the necessary formalities. (Partha Sarathi Sen, J.) 4