SUDHARANI MAITY Vs. SRI DURGA DAS GOSWAMI

JUDGEMENT

(1.) The predecessor-in-interest of the present petitioners, as plaintiff, approached the learned Civil Court with a suit being Title Suit No. 55 of 1972 against the State of West Bengal praying for declaration of title and consequential reliefs. It was contested by the State of West Bengal, as defendant. After contested hearing the said suit was decreed thereby declaring the right, title and interest in respect of the lands under reference except plot No.158 of Mouza Bara Kashinathpur, in favour of the plaintiff. The learned Civil Court also held that such lands did not vest in the State. The State of West Bengal was restrained by order of permanent injunction from interfering with the possession of the plaintiff. The State of West Bengal challenged the same by way of filing an appeal but the same was dismissed. In absence of any second appeal, the said order reached its finality.

(2.) The applicants on the basis of such decree submitted representations seeking correction of the entries in the relevant record of rights relating to such lands. Alleging inaction on the part of the said authorities, the applicants knocked the door of the West Bengal Land Reforms and Tenancy Tribunal seeking redressal of grievances.

(3.) By order dated 12th June, 2001, the learned Tribunal dismissed such application holding, inter alia, that the civil suit related to matters specified in Clause (b) and Clause (c) of Section 57B (2) of the West Bengal Estate Acquisition Act, 1953 and it was held to have abated. The learned Tribunal thus held that the decree of the Civil Court which was affirmed by the Appellate Court was non-est in the eye of law and as such, the land under reference was vested in the State. Such order dated 12th of June, 2001 passed by the learned Tribunal was then assailed by the applicants before the learned Division Bench of this court by filing an application under Article 226 of the Constitution being W.P.L.R.T.No.687 of 2001.