SRI KASHINATH KUNDU Vs. SRI DEBASHIS BHATTACHARJEE

JUDGEMENT

(1.) By an order dated January 11, 2011 the Division Bench of this Court rejected the petitioner's application for contempt alleging violation of an order passed by a Division Bench on June 28, 2005. The only ground for dismissing the said application was that the same was filed beyond the period of limitation as prescribed under S. 20 of the Contempt of Courts Act.

(2.) That order gave rise to the filing the present application for review and a tedious argument thereafter. In the application for review it was alleged that one Ashutosh Kundu, since deceased, was the father of the petitioner and had onefourth share of land in a certain Mouza and three-fourth share of land as licensee. The Revenue Officer, Block Land & Land Reforms Officer, Minakha Block, by a notice dated March 8, 1995 initiated a proceeding under S. 14 T (3) of the West Bengal Land Reforms Act for determination of the ceiling area. The late Ashutosh Kundu filed a writ petition before this Court inter alia against the said proceeding as well as challenging the said provision as ultra vires the Constitution of India. The writ petition was disposed of on May 3, 1995 from which an appeal was preferred by him before the Division Bench along with an application for stay. The Division Bench disposed of the application on June 28, 1995 directing the writ petitioner to file a return in from 7AA of the West Bengal Land Reforms Act within three weeks from the date of the order and the respondents were directed to consider the same in accordance with law within four weeks from the date of filing of such application. The respondents were given liberty to proceed with and conclude the proceeding and to pass final order but the same was not to be given effect to until further order of this Court and the parties were directed to maintain status quo as on the date of the order as regards possession of the land till the disposal of the appeal or until further order of the Court.

(3.) The petitioner's allegation is that a return in the requisite form was sent by post on July 6, 1995 which was received by the Block Land and Land Reforms Officer on July 10, 1995. The Block Land and Land Reforms Officer disposed of the case under S. 14 T (3) of the West Bengal Land Reforms Act whereby it was inter alia declared that 150.83 acres of land had been vested in the State of West Bengal free from all encumbrances.