Land Reforms Tribunal must consider ad interim injunction prayers and may grant protection absent respondents.

The petitioner, a patta holder since 1989 under Section 49 of the West Bengal Land Reforms Act, 1955, challenged a show-cause notice initiating proceedings for cancellation of his patta.

The challenge was filed before the West Bengal Land Reforms and Tenancy Tribunal in OA 1362 of 2026 (LRTT). The petitioner also sought ad interim protection against alleged interference by the private respondents, who were stated to be attempting to enter the land and construct a Durga Puja pandal.

He alleged that the private respondents had damaged mango trees, saplings, plants and seasonal vegetables cultivated on the patta land.

The Tribunal did not consider the petitioner’s ad interim prayer and passed an order dated 2 July 2026, resulting in deemed refusal of interim relief. The petitioner accordingly approached the High Court.

1. Whether the Tribunal failed to exercise its jurisdiction under Section 10(3) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 by not considering the petitioner’s prayer for ad interim protection, even in the absence of service upon the respondents.

2. Whether, in the circumstances pleaded before the Tribunal, the petitioner was entitled to ad hoc protection against interference with his possession and against further proceedings pursuant to the patta-cancellation notice.

3. Whether the legality of the show-cause notice and the grounds for cancellation of the petitioner’s patta under Section 49 of the West Bengal Land Reforms Act, 1955 required determination at the interim stage.

The Court applied Section 10(3) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, which empowers the Tribunal to grant ad interim protection, including in an appropriate urgent case even before the appearance of the respondents.

The Court also considered Section 49 of the West Bengal Land Reforms Act, 1955, under which the petitioner’s patta-cancellation proceedings had been initiated, while noting the petitioner’s contention that cancellation could be ordered only on legally sustainable grounds such as fraud in obtaining the patta or transfer of the land.

A patta holder remains entitled to protection of possession unless and until the patta is cancelled in accordance with due process of law.

At the interim stage, the Court could grant temporary ad hoc protection without finally deciding the merits of the patta-cancellation proceedings or the original application.

The Court found that the Tribunal had failed to exercise jurisdiction by not even considering the petitioner’s ad interim prayer, irrespective of whether an affidavit of service had been filed or actual service had been effected before the impugned order.

The pleadings disclosed a prima facie case: the petitioner was an existing patta holder; allegations had been made that the private respondents were disturbing his possession and damaging the produce and vegetation on the land; and the validity of the show-cause notice had also been challenged on the ground that it did not disclose the specific violation allegedly warranting cancellation.

These circumstances furnished the rudimentary factual basis for temporary protection.

However, the Court clarified that its order was only ad hoc and would not determine the merits of the patta proceedings or bind the Tribunal in deciding the interim or substantive issues.

It stayed all further proceedings in Case No. 01/Anl/Ise/2026 for three weeks and restrained the private respondents, their men and agents, from disturbing the petitioner’s peaceful possession, entering the property, or altering its nature and character during that period.

The Tribunal was directed to adjudicate the petitioner’s ad interim prayers within a fortnight of communication of the High Court’s order.

If that timeline could not be met for unforeseen reasons, the petitioner could seek extension of the interim protection before the Tribunal.

All questions on merits were expressly left open, and there was no order as to costs.