Writ Petition On Issue Of Thika Tenancy Not Maintainable: Calcutta HC Declines Plea, Directs Party To Approach WB Land Reforms & Tenancy Tribunal

The Calcutta High Court has dismissed a writ petition filed by one Prabir Kumar Mitra (landlord) for a declaration to the effect that a petrol pump run by Indian Oil Corporation Limited on the land of the writ petitioner did not vest under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 or West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.

In dismissing the plea, a single bench of Justice Suvra Ghosh held:

This Court is inclined to hold that the writ petition seeking declaration to the effect that the petrol pump in question did not vest under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 or West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 is not maintainable before this Court.  WPA No. 2710 of 2023 is, therefore, dismissed on the ground of maintainability.

It was argued on behalf of Indian Oil Corporation Limited that because of the express provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 ('1997Act'), the writ petition was not maintainable before the Learned Single Bench.

It was stated that the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 is a specified Act under Section 2(r) of the 1997 Act and Section 6 empowers the Tribunal to have jurisdiction over such specified acts. By the operation of Sections 7 and 8 of the 1997 Act, the Tribunal and not any Civil court or High Court has been bestowed with all the jurisdiction, power and authority which are exercisable by any Court including the High Court.

Section 8 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 states :

“8. Exclusion of jurisdiction of courts- On and from the date from which jurisdiction, power and authority become exercisable under this Act by the Tribunal, the High Court, except where that Court exercises writ jurisdiction under Articles 226 and 227 of the Constitution by a Division Bench, or any civil court, except the Supreme Court, shall not entertain any proceeding or application or exercise any jurisdiction, power or authority in relation to adjudication or trial of disputes or applications relating to land reforms or any matter connected therewith or incidental thereto or any other matter under any provision of a specified Act."

It was further said that the Thika Controller is vested with the power of deciding the question as to whether or not a person is a Thika Tenant or whether or not a particular land is Thika land, by the amended sub-section 3 of Section 5 of the 2001 Thika Act which came into force on November 1, 2010, prior to which he had no such power.

It was noted that the Tribunal has exclusive jurisdiction to decide, after considering the nature and character of the property in question and the decisions governing the field, whether or not the writ petitioner's property is a Thika property.

Ultimately, it was held that due to the aforesaid reasons, the present plea was not maintainable. 

Citation: 2024 LiveLaw (Cal) 91

Case: Prabir Kumar Mitra vs State of West Bengal & Ors.

Case No: WPA 2710 of 2023

Counsel for the Petitioner: Mr. Debrup Bhattacharjee, Ms. Rishika Goyel

Counsel for the State: Mr. Chandi Charan De Mr. Aniban Sarkar

Counsel for Indian Oil Corporation Limited (Respondent No.3): Argued by Vineeta Meharia, Barrister along with Arjun Mookerjee, Amit Meharia, Paramita Banerjee and Subika Paul – Meharia & Company (MCO Legals)

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