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Sujitendra Nath Singh Roy v. State of West Bengal

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 7535 of 2011)Decided 13 Mar 2015
Civil Appeal No. 7535 of 2011
Justice Vikramajit Sen · Justice Shiva Kirti Singh

Background

This order sends the case back; it does not decide the dispute. The West Bengal Land Reforms and Tenancy Tribunal refused to initiate contempt proceedings. The Calcutta High Court dismissed the appellant's writ petition against that order as not maintainable.

Decision Breakdown

This is not a final decision on the dispute. The Court held that the High Court's writ jurisdiction under Articles 226 and 227 cannot be ousted and that the writ petition was maintainable. It set aside the High Court's order on that limited point and sent the matter back for the writ petition to be considered afresh on its own merits. The Court made clear that it had not applied itself to the merits.

Lesson Learnt

A High Court's writ jurisdiction over a tribunal's order cannot be ousted. There is no final ruling yet on the appellant's request for contempt action.

Official source (sci.gov.in)View Judgment (PDF)

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