AI Structured Summary
Not yet generated for this judgment
Judgment
Supratim Bhattacharya, J
Without going into the details of the matter, the present challenge has been preferred against the refusal to grant stay of operation of a notice issued under Section 4C(5) of the West Bengal Land Reforms Act, 1955 (in short “the 1955 Act”) to the petitioners for restoration of a property on the ground that the petitioners have been attempting to fill up a water body.
At the outset, learned Senior Government Advocate hands over a bunch of documents, including the photocopy of a report authored by the District Land & Land Reforms Officer, Paschim Bardhaman, in paragraph no. 6 of which it has been stated that the BL & LRO, Kanksa could not proceed further with regard to the said notices under Section 4C(5) of the 1955 Act, as the matter is sub judice before different judicial forums, including the WBLR&TT, and this Court,.
Since the present challenge itself is against an order whereby stay of operation of the self-same notices was refused by the Tribunal, in view of the stand now taken by the DL & LRO, the prayer for stay becomes redundant, since the DL & LRO has undertaken not to proceed further in pursuance of the said impugned notices.
Accordingly, WPLRT No. 180 of 2025 is disposed of in terms of the above observations, keeping on record the copy of the said report handed over by the learned Senior Government Advocate.
It is expected that the original application, bearing OA No. 2078 of 2025 (LRTT), pending before the West Bengal Land Reforms and Tenancy Tribunal, in connection with which the present writ petition has been preferred, shall be disposed of as expeditiously as possible, preferably within six months from the date of communication of this order to the said tribunal.
In view of the undertaking of the DL & LRO, the respondent authorities shall abide by the same and not take any steps during pendency of the matter before the Tribunal in pursuance of the impugned notices under Section 4C(5) of the 1955 Act.
There will be no order as to costs.
Urgent certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.