RAHUL DEY SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Assailing the order dated 25th, September, 2008 passed in Original Application No. 281 of 2007 (LRTT) by the West Bengal Land Reforms and Tenancy Tribunal, this application under Article 226 of the Constitution of India has been filed by the applicants of original application. The impugned order read such:

(2.) An important question of law about right of acquiring ownership over non-agricultural land by application of law of inheritance/succession to resist order of vesting of the said property to the State under the West Bengal Estate Acquisition Act, 1953 by exercising right to retain the said vested land by the legal heirs of one Mrinalini who inherited the property as a life interest holder under Hindu Women's Right to Property Act, 1937 initially and became full owner of said properties under application of Section 14 of Hindu Succession Act, 1956 whether could be given effect to on application of relevant acts and rules namely Hindu Women's Right to Property Act, 1937, for brevity hereinafter referred to as Act of 1937, Hindu Succession Act, 1956, hereinafter for brevity referred to as Succession Act, 1956, West Bengal Estate Acquisition Act, 1953 read with Rules thereafter hereinafter for brevity referred to as WBEA Act, 1953 and the concerned rules and constitutional provisions protecting property rights qua livelihood under Article 21 of the Constitution of India, is the subject matter for our decision.

(3.) One Debendra Nath Dey Sarkar was the owner of 47.50 acres of non-agricultural land recorded in the cadestral settlement records of rights and in revisional settlement record of rights prepared under Bengal Tenancy Act and West Bengal Estate Acquisition Act respectively as 'beel'. Debendranath died intestate on 19th December, 1949 leaving behind one son Hirendranath and widow Mrinalini. At the relevant time of death Hindu Women's Right to Property Act, 1937 was existing. Mrinalini inherited half portion of said property as a life interest holder in terms of Section 3 of Hindu Women's Right to Property Act, 1937 in equal share with son Hidrendranath. West Bengal Estate Acquisition Act, 1953 came into effect from 12th February, 1954. A bigrayat proceeding was initiated under Section 6(5) of the West Bengal Estate Acquisition Act by considering said non-agricultural land as of Hirendranath, wherein Hirendranath by submitting 'B' form retained admissible non-agricultural land retainable out of non-agricultural land of 47.50 acres recorded as Beel, 10.68 acres of said land was vested to the State under West Bengal Estate Acquisition Act. The Revenue Officer passed order of vesting on 22nd October. 1986. After the Hindu Succession Act. 1956 came into effect Mrinalini on application of" Section 14 of the said Act exercised her right as a full owner of proportionate share of non-agricultural land possessed by her as life interest holder in view of transposition of her legal status from limited life interest holder to full ownership by application of Section 14 of the said Act and a deed of trust in respect of her property was made wherefrom some portion of the land was sold. Purchaser became riyat and record of rights was prepared in his name accordingly. An application seeking review of the order of vesting was filed by legal heris of Mrinali and Hirendra, contending, inter alia, that Mrinalini who became the life interest holder of half portion of the property measuring 47.50 acres of non-agricultural land, namely the concerned beel on application of Hindu Women's Right to Property Act, 1937. became absolute owner under Section 14 of the Hindu Succession Act. 1956 and the legal heirs of Mrinalini, after Mrinalini breathed last on 23rd June, 1990. was legally entitled to retain the said property which was below the ceiling limit exercising choice to retain the property in terms of West Bengal Estate Acquisition Act. 1953. This application since was not considered seeking correction of R.S. records of rights as finally prepared under the West Bengal Estate Acquisition Act. matter was moved before the West Bengal Land Reforms and Tenancy Tribunal in Original Application No. 2729 of 2005 which stood dismissed. An application under Article 226 of the Constitutional of India registered as WPLRT No. 468 of 2006. assailing the order of the Learned Tribunal below dated 15th July, 2005 passed in the said original application was moved. The Hon'ble Division Bench (Cor. Pinaki Chandra Ghose and Ashim Kumar Roy, JJ.) by the order dated 8th August. 2006 in said WPLRT No. 468 of 2006, quashed and set aside the order of the Learned Tribunal dated 7th June, 2006 and directed the concerned B.L.L.R.O, Sonarpur, for taking necessary steps by hearing the writ Petitioner as well as other Respondents on the issue in question and to pass an appropriate order in respect of declaration as declared by the concerned authority in the impugned order dated 22nd October, 1986 in Bigrayat case No. 523 of 1986. In pursuance of the said order the Revenue Officer heard the matter and without adjudicating anything repeated his views rejecting the prayer, which again was challenged before the Land Reforms and Tenancy Tribunal in O.A. No. 281 of 2007 (LRTT).