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2025 DAILYLAW 6934 (CAL)

JHUMA SUTRADHAR REP BY HER CONSTITUTED ATORNEY RATAN KUMAR KAR v. STATE OF WEST BENGAL AND ORS.

WPLRT/11/2025 · 2025-04-30

Debangsu Basak, Md Shabbar Rashidi

body2025

Judgment text

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63 & 70 30.04.2025 S.D. Ct. No. 26 W.P.L.R.T. 11 of 2025 With CAN 1 of 2025 Dr. Jhuma Sutradhar Vs. The State of West Bengal & Ors. With W.P.L.R.T. 40 of 2025 Manik Sau & Ors. Vs. The State of West Bengal & Ors. Mr. Lakshinath Bhattacharya Mr. Debasish Sutradhar …For the petitioner in W.P.L.R.T. 11 of 2025 Mr. Pappu Adhikari …For the petitioners in W.P.L.R.T. 40 of 2025 Mr. Suddhadev Adak Mr. Debdroti Dutta ..For the State in W.P.L.R.T. 11 of 2025 Sk. Md. Galib, Sr. Govt. Adv., Ms. Priyamvada Singh ….For the State in W.P.L.R.T. 40 of 2025 Two writ petitions are taken up for analogous hearing as they emanate out of the same impugned order dated December 9, 2024 passed in O.A. 2865 of 2024 by the West Bengal Land Reforms and Tenancy Tribunal. Materials placed on record establish that the private respondent in O.A. 2865 of 2024 expired on December 1, 2024. The impugned order was passed on December 9, 2024 without substituting the heirs and legal 2 representatives of the deceased private respondent by the Tribunal. It is contended on behalf of the O.A. applicants that they were not aware of the death. Be that as it may, since a party to the proceedings in O.A. 2865 of 2024 expired prior to the impugned order being passed without the heirs and legal representatives of such deceased party being taken on record, we are of the view that the impugned order dated December 9, 2024 passed in O.A. 2865 of 2024 is a nullity. Consequently, we set aside the order dated December 9, 2024 disposing of Misc. Case No. 26 of 2024. Misc. Case No. 26 of 2024 is restored to its original file and number to be heard and decided by the learned Tribunal afresh after the substituting of the heirs and legal representatives of the deceased respondent. W.P.L.R.T. 11 of 2025 and W.P.L.R.T. 40 of 2025 along with all the connected applications of both the writ petitions are disposed of without any order as to costs. (Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)