SAMIM ABBASI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed challenging the order dated 29th April, 2009 passed by the learned Tribunal in Case No. O.A. 264 of 2009 whereby and whereunder the said learned Tribunal affirmed the decision of the Revenue Officer under Section 50 of the West Bengal Land Reforms Act, 1955.

(2.) From the records we find that at the instance of the Respondent No. 6 herein, an application was filed earlier before the West Bengal Land Reforms and Tenancy Tribunal being Case No. O.A. 3758 of 2006 which was finally disposed of by the learned Tribunal on 25th January, 2007 by granting liberty to the said Respondent No. 6 to file appropriate application for mutation in respect of the land in question before the concerned authority in accordance with law. Pursuant to such liberty an application was filed before the Block Land and Land Reforms Officer concerned and the Block Land and Land Reforms Officer ultimately passed an order on 17th July, 2007 directing deletion of the remarks "illegal possessor" mentioned in the records in respect of the land in question. Subsequently, the appellate authority also affirmed the aforesaid decision of the Revenue Officer on the ground that name of any person cannot be mentioned in the land records as "illegal possessor". The learned Tribunal also held that no recording can be done as "illegal possessor".

(3.) The learned Counsel representing the Petitioner submits that the name of the Petitioner herein was recorded by the Revenue Officer concerned as "illegal possessor" in the year 1978-1979. Such recording in the remarks column cannot be altered by the subsequent Revenue Officer. The learned Counsel of the Petitioner relies on the decision of Single Bench of this Court in the case of Adinath Banerjee v. State of West Bengal and Ors., 1975 AIR(Cal) 257 and also of the Division Bench in the case of Debabrata Tripathy and Ors. v. State of West Bengal and Ors., 1981 AIR(Cal) 114 in support of his arguments.