Calcutta High Court
Administrative and Public LawProperty and Real Estate Law

Patta annulment applications must be adjudicated by the competent Revenue Officer, not the Tribunal.

NILIMA DEBNATH AND ORS. vs STATE OF WEST BENGAL AND ORS.

Calcutta High CourtJUDGMENT: October 14, 20262 MIN READSOURCE JUDGMENT
Patta annulment applications must be adjudicated by the competent Revenue Officer, not the Tribunal.. NILIMA DEBNATH AND ORS. vs STATE OF WEST BENGAL AND ORS.. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioners challenged a judgment of the West Bengal Land Reforms and Tenancy Tribunal setting aside pattas granted to them.

Source reference: para. 2

The Tribunal had relied on its earlier decision in O.A. 3064 of 2022 (LRTT), concerning the same vesting proceeding, which held that the plots had not vested in the State.

Source reference: para. 2, 8

The petitioners submitted that this earlier Tribunal decision had been set aside by the High Court in WPLRT 159 of 2026, which remanded the private respondents’ patta-annulment application to the Revenue Officer for adjudication on merits.

Source reference: para. 3

The private respondents maintained that the Revenue Officer was the appropriate authority and also argued that the petitioners had not appeared before the Tribunal.

Source reference: para. 5–6
02

Issues

Whether the Tribunal’s judgment could stand when its premise—the earlier Tribunal decision in O.A. 3064 of 2022—had been set aside by the High Court.

Source reference: para. 7–8

Whether the private respondents’ application for annulment of the petitioners’ pattas should be remitted to the Revenue Officer for fresh adjudication on merits.

Source reference: para. 9
03

Law Applied

The Court relied on its prior decision in WPLRT 159 of 2026, which set aside the Tribunal’s order in O.A. 3064 of 2022 and held that the Tribunal had acted de hors its jurisdiction by itself adjudicating the patta-annulment application; the matter was instead remitted to the concerned Revenue Officer for comprehensive adjudication on merits.

Source reference: para. 3

No statute or other precedent was identified as the basis of the present decision.

Source reference: para. 2–12
04

Reasoning

The Tribunal’s decision rested on the conclusion reached in O.A. 3064 of 2022 regarding vesting and the subject plots.

Source reference: para. 2, 7

Because the High Court had already set aside that decision and remitted the patta-annulment matter to the Revenue Officer, the Tribunal’s underlying premise no longer stood.

Source reference: para. 7–9

The Court therefore found the impugned judgment erroneous and ordered a fresh merits adjudication by the Revenue Officer.

Source reference: para. 7–9

The petitioners were permitted to raise limitation and other issues.

Source reference: para. 11
05

Holding

The writ petition was allowed on contest.

The Court set aside the Tribunal’s judgment dated 29 July 2026 in O.A. 453/2024 (LRTT) and remanded the private respondents’ patta-annulment application to the concerned Revenue Officer for fresh adjudication on merits, preferably within three months of communication of the order.

Source reference: para. 9–10

The petitioners may raise limitation and other objections; the judgment states that such issues are to be decided independently and in accordance with law.

Source reference: para. 11

There was no order as to costs.

Source reference: para. 12
Calcutta High Court

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NILIMA DEBNATH AND ORS.vsSTATE OF WEST BENGAL AND ORS.

Calcutta High Court · October 14, 2026

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