Calcutta High Court
WPLRT/132/2026 of SHAMBHU BHAGAT AND ANR. Vs STATE OF WEST BENGAL AND ORS. on 7 August 2026
J(2) In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side Present: The Hon’be Justice Sabyasachi Bhattacharyya And The Hon’ble Justice Supratim Bhattacharya W.P.L.R.T. 132 of 2026 Sri Shambhu Bhagat and another Vs. The State of West Bengal and others For the
Form No. J(2)
In the High Court at Calcutta
Constitutional Writ Jurisdiction
Appellate Side
Present:
The Hon’be Justice Sabyasachi Bhattacharyya
And
The Hon’ble Justice Supratim Bhattacharya
W.P.L.R.T. 132 of 2026
Sri Shambhu Bhagat and another
Vs.
The State of West Bengal and others
For the petitioners
:
Mr. Uday Narayan Betal
Mr. B. Hutait
For the State
:
Mr. Dilip Kr. Shyamal
Heard on
:
07.08.2026
Judgment on
:
07.08.2026
Sabyasachi Bhattacharyya, J.:-
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1. Affidavit-of-service filed in court today be kept on record.
2. Although the State has been served, the postal article sent to the private respondent has returned with the endorsement “insufficient address”.
3. However, since the service was sought to be effected at the address given by the private respondent himself in the original application from which the present writ petition arises, we deem the same to be good service and proceed to take up the writ petition for hearing.
4. In view of the innocuous nature of the prayer, no further service is directed on the private respondent.
5. The private respondent has filed Original Application No.2206 of 2025 (LRTT), in which an objection as to maintainability of the same was taken by the present writ petitioners.
6. However, the matter is being adjourned inordinately, the last such occasion being on May 5, 2026, when even the hearing on the point of maintainability was adjourned for more than seven months, till February 24, 2027.
7. We find that such inordinate delay in disposing of even the maintainability issue is adversely affecting the interest of justice as well as affecting the right of the parties to get easy access to justice.
8. Hence, WPLRT 132 of 2026 is disposed of by directing the Fourth Bench, West Bengal Land Reforms and Tenancy Tribunal to dispose of O.A.2206 of 2025 (LRTT) upon first taking up the issue of maintainability as expeditiously as possible, positively within six months from the date of communication of this order to the learned Tribunal.
9. It is made clear that for the purpose of implementing this order, the learned Tribunal shall shift back the next date fixed by it and fix an earlier date for hearing on the issue of maintainability.
10. There will be no order as to costs.
11. Urgent certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Sabyasachi Bhattacharyya, J.) I agree.
(Supratim Bhattacharya, J.) AD-22 AK