JAGADISH PRASAD PATI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) A short but nevertheless interesting question of law has been raised by Mr. P.B. Sahu, learned advocate, appearing in support of the writ petition, which is directed against the order dated 2nd March, 2001, passed by the learned West Bengal Land and Tenancy Tribunal in original Application No. 2842 of 2000, disposing of the petitioner's application with leave to prefer an appeal against the order passed by the Revenue Officer on 25th August, 1999, rejecting the petitioner's application under section 51A (4) of the West Bengal Land Reforms Act, 1955.

(2.) Mr. Sahu submitted that pursuant to an amicable partition between the coparceners of a Hindu Mitakshara family, the petitioner was allotted a half share in respect of certain properties. After the coming into operation of the West Bengal Estates Acquisition Act, 1953, the petitioner filed a return in Form 'B' for exercising his right of option of retention of the lands of his choice. The petitioner also made an objection under section 44(2a) of the aforesaid Act for correction of the relevant Record-of-Rights. Such objection being dismissed, the petitioner filed a writ application, being C.R. No. 348(W) of 1964, which was disposed of on 14th May, 1968, with a direction upon the authorities to give the petitioner an opportunity of filing an application under section 6(5) of the said Act. The petitioner, thereafter, filed a suit, being T.S. No. 1 of 1977, before the learned Munsif, 1st Court, Jhargram, for declaration of his right, title and interest in the lands in question and for a further declaration that he was a direct tenant in respect thereof under the State. The suit being dismissed on contest, the petitioner preferred an appeal, being Title Appeal No. 92 of 1978, against the judgment and decree of the learned Munsif and the same was allowed on contest against the State by the learned Additional District Judge, 3rd Court, Midnapore, on 13th November, 1978. The judgment and decree of the learned Munsif were set aside and the petitioner's suit was decreed on contest against the State and his title to the suit lands was declared. The State of West Bengal and its officers and agents were permanently injuncted from disturbing the petitioner's possession in the suit lands without proceeding under section 6(5) of the West Bengal Estates Acquisition Act, 1953.

(3.) During the settlement operations conducted under the provisions of the West Bengal Land Reforms Act, 1955, the petitioner applied to the settlement authorities under section 51A(1) of the aforesaid Act to correct the relevant Records-of-Rights in the light of the judgment and decree of the Civil Court. Ignoring the said decision of the Civil Court, the Revenue officer, the Respondent No. 3 herein, rejected the petitioner's objection upon holding that the lands in question had vested to the State.