NIDHIBALA MAHATO Vs. NETAI CHANDRA MAHATO

JUDGEMENT

(1.) The facts leading to the present applications under Article 227 of the Constitution of India are the following:

(2.) It is urged from the side of the Petitioners that the provisions of West Bengal Non -agricultural Tenancy Act cannot have any further application to the facts of this case. It is pointed out that under the definition of 'land' as per Sec. 2(7) of the West Bengal Land Reforms Act, as it stood after the coming into effect of the West Bengal Land Reforms (Amendment) Act of 1972, tanks were specifically excluded. Therefore, a tank could be considered as non -agricultural land.

(3.) The definition of 'land', however, was changed by new Sec. 2(7) inserted by the West Bengal Land Reforms (Amendment) Act, 1981, which has come into operation with retrospective effect from August 7, 1969. The new amended definition of 'land' includes tanks. It is also pointed out that under the provisions of the new Sec. 3A inserted by the West Bengal Land Reforms (Third Amendment) Act, 1986, which came into force on May 12, 1989, with retrospective effect from September 9, 1980, Non -agricultural tenants have seized to exist and they have been transformed into raiyats, presumably under the West Bengal Land Reforms Act. It is urged that in the circumstances stated the impugned orders passed by the learned Munsif and as confirmed by the learned Appellate Court cannot be supported.