2018 AIR CC 1060 (CAL) ::(2018) 2 Cal LJ 49 ::(2018) 2 Cal HN 101 ::(2018) 1 CalLT 516 ::(2018) 184 AllIndCas 550 (CAL)

Calcutta High Court

Hon'ble Judge(s): Debasish Kar Gupta, Shekhar B. Saraf , JJ

(A) Wakf Act (43 of 1995) , S.85, S.105— Bar of jurisdiction - Wakf Tribunal has no jurisdiction to adjudicate dispute regarding vesting of land by State under West Bengal Estates Acquisition Act. (Para 36) (B) West Bengal Land Reforms and Tenancy Tribunal Act (25 of 1997) , S.7, S.2(r)(i)— Wakf Act (43 of 1995) , S.83— Jurisdiction - Disputes regarding vesting of land by State under West Bengal Estates Acquisition Act - Wakf Tribunal constituted under Art. 246, where as West Bengal Land Reforms and Tenancy Tribunal constituted jurisdiction with single Bench of High Court, not with Tribunal formed under Art. 246 - Art. 323-B prevails over Wakf Tribunal - No repugnancy between two Acts. Constitution of India , Art.246, Art.323B— AIR 1997 SC 1125, AIR 2008 SC 1640, Rel. on. (Para 28 33 38) .....