DIPTENDU BANERJEE Vs. SATINATH MONDAL

JUDGEMENT

(1.) This writ petition has been filed assailing the judgment and order dated 11th September, 2009 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. 2558 of 2007 whereby and whereunder the said learned Tribunal directed the authority empowered under Section 18 of the West Bengal Land Reforms Act, Ausgram to record the name of the applicant before the said learned Tribunal viz., the Respondent No. 1 herein as Bargadar in respect of the lands in question.

(2.) The learned Advocate representing the Petitioner before us submits that the Respondent No. l herein viz., the applicant before the learned Tribunal never cultivated the lands in question as Bargadar and no document was ever produced before any authority regarding delivery of share of crops to the land owner by the said Respondent No. l. Since the Respondent No. l herein did not produce any document before any authority regarding delivery of the share of crops to the land owner, there is no scope to recognize him as Bargadar in respect of the lands in question under the statute.

(3.) Mr. Tapas Sil, learned Advocate representing the Respondent No. l, however, invited our attention to a document executed before the Pradhan of the Gram Panchayat in support of the contention that the said Respondent No. l delivered the share of the crops to the landlord in the year 1984.