WPA/28589/2026 of MUJIBUL TARAFDAR Vs THE STATE OF WEST BENGAL AND ORS on 14 October 2026

1. The affidavit of service as filed today on behalf of the writ petitioner is taken on record.

2. The writ petitioner and the respondent State are represented by their respective learned counsel.

3. The subject matter of the instant writ petition is the Order No.02 dated 20.07.2026 as passed by the appellate authority under Section 54 of the West Bengal Land Reforms Act, 1955 (‘the Act of 1955’ in short) whereby and whereunder the said appellate authority directed the jurisdictional BLRO to correct the record of rights by mutating the name of the present writ petitioner in respect of 5.783 decimals of Plot No.50 of Mouza – Barisha, under Police Station – Kolaghat, District – Purba Medinipur.

4. It is submitted by Mr. Bhattacharya that despite passing of such order, the jurisdictional BLRO i.e. the respondent no.5 authority is reluctant to carry out the said order.

5. In considered view of this Court, the writ petitioner has chosen a wrong forum for ventilating his grievance in view of the fact that under Section 6 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (‘Act of 1997’ in short), an inaction or negligence of an authority under a specified Act falls within the jurisdiction of the Land Reforms and Tenancy Tribunal as established under Section 4 of the Act of 1997. It is trite that under Section 2(r) of the Act of 1997, the Act of 1955 is a specified Act and, therefore, this Court is constrained to hold that the instant writ petition is not maintainable.

6. With the aforementioned observations, WPA 28589 of 2026 is dismissed.

7. There shall, however, be no order as to costs.

8. However, keeping in mind that since the writ petitioner on account of a bona fide mistake is pursuing his remedy before a wrong forum, this Court directs that, in the event, the present writ petitioner approaches the appropriate forum over the self-same cause of action within forty-five working days from today, the said forum shall treat the said approach of the writ petitioner within the period of limitation.

9. Urgent Photostat certified copy of the order if applied for, be made over to the parties as expeditiously as possible. (Partha Sarathi Sen, J.)