AHIBHUSAN GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the learned Advocates appearing for the parties. Assailing the order dated 3rd December, 2010 passed by the West Bengal Land Reforms and Tenancy Tribunal, 2nd Bench in O.A. No. 2621 of 2009 (LRTT), this writ application has been filed. The impugned order reads such.

(2.) Ld. Counsel for the applicant and the Ld. G.R. are present. The present application could be filed on allegation of inaction against the BL & LRO, Egra I, Dist. Purba Medinipur as to correction of the record of rights and also giving relief u/s. 14U(3) of the West Bengal Land Reforms Act as to the subject land which he admittedly purchased on 21.3.81 and 2.2.83. As per paragraph 10 of the application, the subject land could be vested in terms of a proceeding registered under 7A case No. 222 14T/1978 treating the land as the land of the vendor of the applicant. Since the applicant is a post-vesting purchaser he is not entitled to get any relief u/s 14U(3) of the West Bengal Land Reforms Act. That being the position, we are of the view that the present application is totally misconceived.

(3.) It is an admitted position that the petitioners purchased concerned lands by two sale deeds; one of the year 1981 and another of the year 1983. The petitioners prayed for relief under Section 14U(3) of the West Bengal Land Reforms Act, 1955 to hold lands as a raiyat, by cancelling vesting order and vesting equal proportion of the land from the vendor, the erstwhile owner of the land. Section 14U(3) is the provision wherein such benefit granted by the statute to the purchasers concerned when the owner vendor sells the property in contravention of sub-section (1) of Section 14U.