Facts
The petitioners challenged a judgment of the West Bengal Land Reforms and Tenancy Tribunal setting aside pattas granted to them.
Source reference: para. 2The 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, 8The 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. 3The 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. 5–6Issues
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. 7–8Whether 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. 9Law 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. 3No statute or other precedent was identified as the basis of the present decision.
Source reference: para. 2–12Reasoning
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, 7Because 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. 7–9The Court therefore found the impugned judgment erroneous and ordered a fresh merits adjudication by the Revenue Officer.
Source reference: para. 7–9The petitioners were permitted to raise limitation and other issues.
Source reference: para. 11Holding
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. 9–10The 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. 11There was no order as to costs.
Source reference: para. 12Original Court PDF
NILIMA DEBNATH AND ORS.vsSTATE OF WEST BENGAL AND ORS.
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