Swapan Kumar Ghosh vs The State of West Bengal & Ors.

Sabyasachi Bhattacharyya, J.:

Learned counsel for the writ petitioner submits that the original application filed by the private respondents before the Tribunal, where the present petitioner is a respondent, is being delayed inadvertently.

Learned counsel submits that at least on three occasions, the learned Tribunal directed the concerned B.L. & L.R.O. i.e. respondent no. 4, to furnish a status report along with an authenticated copy of the RS ROR. However, the B.L. & L.R.O. is delaying the same indefinitely, thereby instigating the protraction of the litigation.

We find from the affidavit of service and the postal articles submitted before us that although service was sought to be effected on the private respondents at their address as given in their own original application before the Tribunal, proper service could not be effected on some of them. We deem it to be good service. In any event, in view of the innocuous nature of the order proposed by us, no further service is being directed on the non-appearing private respondents.

Upon hearing learned counsel for the writ petitioner and the learned Senior Standing Counsel, appearing for the State, this Court is of the opinion that the respondent no. 4, i.e. the Block Land and Land Reforms Officer, Baruipur is required to furnish a status report and the extracts of the Records of Rights, as directed by the Tribunal, before the Tribunal as expeditiously as possible and the learned Tribunal, thereafter, is required to dispose of the original application at the earliest.

Accordingly, W.P.L.R.T. No. 161 of 2026 is disposed of by directing the respondent no. 4 i.e. the Block Land and Land Reforms Officer, Baruipur to comply with the directions of the learned Tribunal and furnish status reports as well as extracts of the concerned Records of Rights before the Tribunal at the earliest, preferably within four weeks from the date of communication of this order to the respondent no. 4. The learned Tribunal shall, if necessary by shifting back the next date earlier, take up the original application for hearing and upon giving adequate opportunity of hearing to all concerned, dispose of the same as expeditiously as possible, preferably within six months thereafter.

No order as to costs.

Urgent certified copies of this judgment and order, if applied for, be supplied to the parties upon compliance of requisite formalities.

I agree. (Sabyasachi Bhattacharyya, J.)