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Judgment
This is an appeal against judgment and order dated October 11, 2012 passed by the Hon''ble Single Judge in Writ Petition No. 1310 (W) of 2003, inter alia, rejecting an application under Article 226 of the constitution of India on the ground that the petitioners have an alternative efficacious remedy before the West Bengal Land Reforms and Tenancy Tribunal. The petitioners claim that they have got pattas in relation to the disputed land and, thus, they were entitled to compensation on account of acquisition of the disputed land.
The Block Land and Land Reforms Officer, Suri - I Block, District - Birbhum, directed the writ petitioners to return their pattas as the pattas were issued purportedly under mistaken notion and without the approval of the Sub-Divisional Officer concerned.
The petitioners have an alternative efficacious remedy before the West Bengal Land Reforms and Tenancy Tribunal as has been rightly need by the Hon''ble Single Judge. In our view, the Hon''ble Single Judge rightly exercised his discretion in not entertaining the writ petition.
Unless the petitioners could establish that they are raiyats of the land-in-question, there is no question of payment of compensation for such land to them. The basis of claim of the petitioners is that they became raiyats because of the aforesaid pattas, but their pattas have, since, been annulled.
There is no scope, for the present to direct the Land Acquisition collector to pay compensation for such land to the writ petitioners.
We do not find any merit in the appeal.
The appeal and the connected application are, therefore, dismissed.
However, this order of dismissal shall not prevent the petitioners to approach before the appropriate forum in accordance with the law. We make no order as to costs.