SK GOLAP Vs. BHUBAN CHANDRA PANDA

JUDGEMENT

(1.) The appeal is taken up for hearing by treating it as included in the day's cause list.

(2.) The respondents Nos.1 to 4(a) are the original Writ Petitioners. The writ Petition, being Civil Order No.10849(W) of 1987, was instituted by them challenging the proceedings under the West Bengal Land Reforms Act, 1955 (hereinafter referred to as "the said Act"), which culminated into an order recording the names of the appellants as Bargadars and the consequential issue of "Barga Certificates" in their favour in respect of the land owned by the Writ Petitioners. The writ petition was heard and allowed by the learned single Judge who, by his judgment and order dt. Dec. 12, 1989, set aside the impugned order recording the names of the appellants as Bargadars and also quashed the "Barga Certificates"; if any, issued pursuant to such order. It was clarified, however, that the respondent authorities were not thereby prevented from recording the names of Bargadars, if any, "on the basis of proper materials and in accordance with law" within six months from the date of the communication of the said direction.

(3.) Be it stated that the appellants, although cited as private-respondents, were not appearing when the hearing of the writ petition took place. It is their case that no notice of the proceeding was served upon some of them and that under those circumstances the case was decided ex parte against them. In the course of the judgment rendered by the learned single Judge, however, the following observation is found to have been made which does not support the said version :