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2026 DAILYLAW 49131 (CAL)

SUBHAS CHANDRA PAL v. THE BLOCK LAND AND LAND REFORMS OFFICER, GARBETA-II AND ORS.

WPLRT/199/2026 · 2026-10-14

Sabyasachi Bhattacharyya, Sandip Kumar De

body2026

Judgment text

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Form No. J(2) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present: The Hon’ble Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Sandip Kumar De WPLRT No. 199 of 2026 Subhas Chandra Pal Vs. The Block Land and Land Reforms Officer and others For the petitioner : Mr. Chandi Charan De, Adv. For the respondents : None. Heard on : 14.10.2026. Judgment on : 14.10.2026. Sabyasachi Bhattacharyya, J.:- 1. The affidavit-of-service filed today be kept on record. 2. Despite service, none appears for the respondents. 3. Learned counsel for the petitioner submits that although a proceeding had been initiated under Section 14T(3) of the West Bengal Land Reforms Act, 1955 (in short “the 1955 Act”), in view of the said proceeding being premised on an erroneous notice, vide order dated July 3, 1989, a learned Single Judge of this Court, while allowing a writ petition of the present petitioner, which was registered as CR 13950(W) of 1979, set aside the said notice given to the petitioner. 4. Subsequently, the petitioner filed appropriate returns reflecting the correct position within the contemplation of sub-sections (1) and (2) of 2 Section 14T of the 1955 Act. Complaining of inaction on the part of the respondent authorities in not initiating a proceeding under Section 14T(3) afresh on the basis of such return, the petitioner had approached the West Bengal Land Reforms and Tenancy Tribunal (Tribunal). The Tribunal, vide order dated August 27, 2015 passed in the said original application, bearing OA No. 1263 of 2015 (LRTT), had merely directed the District Land and Land Reforms Officer, Paschim Medinipur to take necessary steps for rehearing of Case No. 19 of 1977 under Section 14T (7) of the 1955 Act and pass necessary order after giving opportunity of hearing to all concerned. 5. Subsequent thereto, the petitioner filed a contempt application before the Tribunal alleging non-compliance of the said direction, which culminated in an order dated November 30, 2023, where the Tribunal recorded that the initial order of the Tribunal had been complied with by concluding Case No. 19 of 1977. 6. However, it is submitted that Case No. 19 of 1977 was not a challenge under Section 14T (7) of the 1955 Act but in effect the proceeding initiated under Section 14T(3) based on the notice which was set aside by the learned Single Judge of this Court. 7. Hence, learned counsel for the petitioner argues that the concerned Revenue Officer ought to be directed to conclude the proceeding initiated under Section 14T (3) afresh upon the returns being filed by the petitioner. 8. Learned counsel also hands over a copy of a notice dated September 25, 2026, whereby the petitioner was directed to appear before the 3 concerned Revenue Officer (BL & LRO, Garhbeta-II) under Section 57 of the 1955 Act. 9. It is contended that the grievance of the petitioner is that although the direction of the Tribunal was complied with in letter and spirit, the proceeding under Section 14T(3) initiated on the representation of the petitioner afresh after the earlier notice was set aside, is yet to be completed. 10. Upon hearing learned counsel appearing for the petitioner, we find that after the initial notice of the BL & LRO was set aside by this Court, an appeal had actually been preferred under Section 14T (7), which was disposed of by the Additional District Magistrate and District Land and Land Reforms Officer, Paschim Medinipur, vide order no. 7 dated November 8, 2023, remanding the matter to the BL & LRO for a fresh disposal of the matter in accordance with the provisions of law. 11. Hence, the status of the matter now is that the dispute raised by the petitioner has been relegated back to the BL & LRO to be decided afresh within the contemplation of Section 14T(3) of the 1955 Act. 12. We do not find any scope of interference with the orders of the Tribunal, either dated August 27, 2015 or November 30, 2023. 13. However, fact remains that the matter is still pending before the BL & LRO, to be adjudicated afresh in terms of the order of the DL & LRO dated November 8, 2023. 14. Accordingly, WPLRT No. 199 of 2026 is disposed of by directing the respondent no. 1- Block Land and Land Reforms Officer, Garhbeta-II, to dispose of the proceeding under Section 14T(3) of the 1955 Act in 4 terms of the direction of the appellate authority, that is, the District Land and Land Reforms Officer, dated November 8, 2023 in accordance with law, upon giving opportunity of hearing to the petitioner and all interest parties, as expeditiously as possible, positively within December 24, 2026. 15. The parties as well as all concerned shall act on the server copy of this order for the purpose of compliance, without insisting upon prior production of certified copy thereof. 16. There will be no order as to costs. 17. Urgent certified copies of this judgment, if applied for, be made available to the parties upon compliance with the requisite formalities. (Sabyasachi Bhattacharyya, J.) I agree. (Sandip Kumar De, J.)