Extracted from the PDF above. The PDF is authoritative.
08.07.2026 Ct. 3 Item No.
AD 16 Saswata
WPA 24671 of 2025
Minarul Shaikh & Ors. -vs- Union of India & Ors. Mr. Samrat Chakraborty …For the petitioners Mr. Siddhartha Bhattacharyya Mr. Sachit Talukdar …For the Union of India
1. Learned advocate appearing for the petitioner submits that due to inadvertence in the presentation form, the petitioner has recorded that the matter pertains to West Bengal Land Reforms Act, 1993 though in effect the order dated 6th March 2025 which the petitioners seek to challenge has been passed by the BL & LRO, Murshidabad under the provisions of Section 50 of the West Bengal Land Reforms Act,
1993. Accordingly, he prays that this matter may be released so that he can approach the Bench having appropriate determination.
2. Having heard the learned advocates appearing for the respective parties and noting that the order forming subject matter of challenge in the writ petition is an order for mutation under the provisions of Section 50 of West Bengal Land Reforms Act, 1997 (hereinafter referred to as the said Act). Having regard to the same and noting that the said Act is a scheduled Act within the meaning of Section 2(r) of the
2 West Bengal Land Reforms and Tenancy Tribunal Act, 1997, ordinarily no proceedings under Article 226 of the Constitution of India at the first instance would lay before this Court. Only the challenge to a determination made by the West Bengal Land Reforms Tribunal having regard to the judgment delivered by the Hon’ble Supreme Court in the case of L. Chandra Kumar –vs- The Union of India & Ors. reported in (1997) 3 SCC 261 would be maintainable before the Hon’ble Division Bench.
3. In light of the above, in my view the instant writ petition is not maintainable and the same is accordingly dismissed for want of jurisdiction and apart from the fact that there being a statutory appellate forum under Section 54 of the said Act.
4. If any proceedings are instituted by the petitioners within a period of 4 weeks from date before any appropriate forum, the entire period spent by the petitioner while pursuing the remedy, shall stand excluded for the purpose of computation of limitation.
5. All parties shall act on the basis of server copy of this order duly downloaded from this Court’s official website. (Raja Basu Chowdhury, J.)