Krishna Ray & Ors vs Government Additional Director And Ex Officio, Office Of The Director, Joint Land And Record, The Secretary And Surveyors Land And Land Reforms Department, West Bengal & Ors

This writ petition is directed against an order dated August 03, 2018 passed by the 1st Bench of the West Bengal Land Reforms and Tenancy Tribunal (hereafter the 'tribunal'). By such order, the tribunal refused to grant interim relief in favour of the original applicants before it, who are the petitioners before us. However, it was directed that the original application shall be listed under the heading 'Hearing' on September 08, 2019.

Mr. Ghosh, learned advocate for the petitioners contends that the tribunal erred in law in not granting the prayer for interim relief.

We do not consider it necessary at this stage to examine whether the tribunal was justified in refusing interim relief. This is for the reason that follows.

Hearing of the original application was fixed on September 08, 2019, which happened to be a Sunday. It could be a mistake on the part of the tribunal and having regard to the age old saying "to err is human", we do not take exception to such error. But what has surprised us is the other submission of Mr. Ghosh that the tribunal has now fixed hearing of the original application on May 07, 2020. We shall assume that hearing is next fixed on that date in the absence of any documentary evidence placed before us. If indeed it was a mistake on the part of the tribunal to fix hearing of the original application on a Sunday, the tribunal ought to have made amends and fixed hearing of the original application on the next available working day following September 8, 2019 irrespective of whether other matters had been fixed for hearing on that date.

We do not approve of the approach of the tribunal in fixing hearing of an original application on a Sunday and thereafter deferring hearing for another six months.

In the special facts of the case, we direct the tribunal to post the original application for hearing on Friday week (December 13, 2019). The parties shall appear before the tribunal well prepared to argue their respective cases.

Should the petitioners fail to argue the original application on that date, we leave it open to the tribunal to pass appropriate order in accordance with law. However, if the respondents are unable to present their case before the tribunal, it shall proceed to consider the prayer for interim relief, as prayed for by the petitioners in M.A. 632 of 2015 or decide the original application finally, in its discretion.

This order is passed accepting the submissions of Mr. Ghosh that all the private parties in the original application have been served with copies thereof. If, however, the tribunal finds that service on any or all the private respondents has not been effected, the tribunal shall hear the original application on May 07, 2020, as fixed by it earlier.

We also make it clear that if May 07, 2020 is not the date fixed by the tribunal but the tribunal has posted the original application for hearing any time early next year, the same may be heard on that date upon notifying the parties in advance

With the aforesaid observations/directions, the writ petition stands disposed of. There shall be no order as to costs.

Let this order be transmitted by the office to the tribunal forthwith.

Office  Urgent photostat certified copy of this order, if applied for, be furnished to the parties expeditiously.