Sri Ram Krishna Jashu vs State Of West Bengal & Ors.

This is an application filed under Article 226 of the Constitution of India assailing an order dated November 23, 2017 passed by the West Bengal Land

Reforms and Tenancy Tribunal, 1st Bench, in the matter of Ram Krishna Jasu vs. The State of West Bengal & Ors. (In Re: M.A. Nos.497 of 2016

and 498 of 2016 arising out of O.A. No.2265 of 2009).

By the order impugned to this writ application, an application filed under Section 5 of the Limitation Act for condonation of delay in filing an application

for recalling of an order of disposal of the original application was rejected.

Having heard the learned Counsel appearing for the respective parties as also on perusal of the impugned order, we find that the learned Tribunal

dismissed the above application for condonation of delay on the basis of an observation that there was no explanation for delay of about five and half

years in filing the application for recalling the order of disposal of the original application.

In compliance of an earlier order the file relating to the above original application including the miscellaneous application bearing M.A. No.498 of 2016

has been produced before us. It appears from the statements made in paragraph 2 of the above application that the cause of delay in filing the

recalling application was the missing of the relevant file and diary.

The learned Advocate filed the above miscellaneous applications after ascertaining the order on March 14, 2016. In view of the above, the

observations made by the learned Tribunal was erroneous. The order impugned to this writ application stands quashed and set aside.

The miscellaneous application bearing M.A. No.498 of 2016 arising out of the original application bearing O.A. No.2265 of 2009 stands allowed and

disposed of. As a further consequence, the miscellaneous application bearing M.A. No.497 of 2016 also stands allowed and disposed of.

The matter is remanded back to the learned Tribunal for hearing of the original application on its merit. Needless to point out that we have not

expressed our opinion with regard to the merits of case involved in the original application.

This writ application stands disposed of. Let the lower court record be sent down forthwith. There will be, however, no order as to costs. Urgent

photostat certified copy of this order, if applied for, be given to the parties at an early date.