Calcutta High Court
Civil Procedure and EvidenceAdministrative and Public Law

Tribunal directed to hear and preferably dispose of the long-pending original application within six months.

SUBHAS MAJUMDAR ALIAS SUBHAS BALO MAJUMDAR vs STATE OF WEST BENGAL AND ORS.

Calcutta High CourtJUDGMENT: August 24, 20263 MIN READSOURCE JUDGMENT
Tribunal directed to hear and preferably dispose of the long-pending original application within six months.. SUBHAS MAJUMDAR ALIAS SUBHAS BALO MAJUMDAR vs STATE OF WEST BENGAL AND ORS.. Calcutta High Court. LawLens
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner filed a writ petition seeking expeditious disposal of Original Application No. 253 of 2024 (LRTT), pending before the First Bench of the West Bengal Land Reforms and Tenancy Tribunal.

Source reference: para. 6

The Tribunal had fixed the matter for hearing on 12 November 2026, although the original application had been pending since 2024.

Source reference: para. 8

During the writ proceedings, CAN 1 of 2026 was filed seeking expunging of the name of respondent no. 13, Supriya Das, who had died, and substitution of the heirs and legal representatives of respondent no. 17, Anil Chandra Roy alias Alin Chandra Roy, who had also died.

Source reference: para. 1

The private respondents objected that one application had been filed for both purposes and was therefore not maintainable.

Source reference: para. 2
02

Issues

Whether a single application seeking both expunging of the name of a deceased respondent and substitution of the legal representatives of another deceased respondent was maintainable, or liable to be rejected on that procedural ground.

Source reference: paras. 1–4

Whether the High Court should issue directions for expeditious disposal of the petitioner’s pending original application before the Tribunal.

Source reference: paras. 6–9
03

Law Applied

The Court applied the procedural principle that objections founded solely on technicalities should not defeat a procedurally sufficient application where the necessary explanation and reliefs are clearly set out.

Source reference: para. 3

It further applied the principle that constitutional courts may issue appropriate directions to secure expeditious adjudication of proceedings pending before a statutory tribunal, particularly where the matter has remained pending for a considerable period.

Source reference: paras. 8–9

No specific statutory provision or judicial precedent was cited in the judgment.

Source reference: no citation
04

Reasoning

The Court rejected the respondents’ objection because it considered the challenge to the single application to be based on mere hyper-technicality; on examining CAN 1 of 2026, the Court found sufficient explanation for both the expunging and substitution sought.

Source reference: paras. 3–4

It therefore directed that respondent no. 13’s name be expunged and that the heirs and legal representatives of respondent no. 17 be substituted.

Source reference: paras. 3–4

As to the writ petition, the Court noted that the original application had been pending since 2024 and that the next hearing was scheduled only for 12 November 2026.

Source reference: paras. 6, 8

Considering the delay and the petitioner’s limited prayer for expeditious hearing, the Court requested the Tribunal to take up the matter on the scheduled date and dispose of it preferably within six months from communication of the order.

Source reference: paras. 8–9
05

Holding

CAN 1 of 2026 was allowed on contest.

The name of respondent no. 13, Supriya Das, was directed to be expunged, and the heirs and legal representatives of respondent no. 17, Anil Chandra Roy alias Alin Chandra Roy, were directed to be substituted as respondent nos. 17A, 17B, 17C and 17D; the petitioner was directed to amend the cause title accordingly.

Source reference: paras. 4–5

WPLRT 122 of 2026 was disposed of with a request to the First Bench of the West Bengal Land Reforms and Tenancy Tribunal to dispose of OA 253 of 2024 (LRTT) as expeditiously as possible, preferably within six months from communication of the judgment, by taking it up on 12 November 2026.

Source reference: para. 9

No allegations in the writ petition were treated as admitted, since no affidavits had been invited, and there was no order as to costs.

Source reference: paras. 10–11
Calcutta High Court

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SUBHAS MAJUMDAR ALIAS SUBHAS BALO MAJUMDARvsSTATE OF WEST BENGAL AND ORS.

Calcutta High Court · August 24, 2026

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