SAIRA BIBI Vs. STATE

JUDGEMENT

(1.) Heard learned Advocates appearing for the parties. Let paper books as filed today be kept with the record. This case has a chequered history. A Title Suit being No. 186 of 1990 filed in the Court of Assistant District Judge, 1st Court, Midnapore being a suit for declaration, injunction and partition of schedule property, wherein a preliminary decree on 24th May, 1995, declaring the plaintiffs right title and interest over the property to the extent of 7/32nd share in respect of the suit property was passed. Said preliminary decree, due to amicable settlement in between the parties, was declared in final form and a final decree was passed by accepting compromise petition on 13th May, 1999, filed in the said suit, by the Court of Civil Judge (Senior Division), Midnapore. On that basis, the present writ petitioner filed an application praying for revision of record of rights prepared under the West Bengal Estates Acquisition Act, 1953.

(2.) An original application being No. O.A. 2932 of 2002 (LRTT) was moved before the West Bengal Land Reforms and Tenancy Tribunal who by the order dated 3rd October, 2002 passed an order directing the concerned Revenue Officer to dispose of the application on considering the judgement and decree of the Civil Court passed in the said title suit. The order passed by the learned Tribunal below in the earlier original application aforesaid reads such:-

(3.) The applicant's grievance is that though she filed an application for correction of the ROR in her favour the application has not yet been considered by the Block Land and Land Reforms Officer, Kharagpur-II. The learned Counsel for the applicant refers to the judgement and decree in Title Suit No. 186 of 1990. However, we find that the State of West Bengal was not present during the hearing of the suit. Moreover, the jurisdiction of the Civil Court in certain matters, like vesting of land in the State, correction of ROR etc. has been ousted under section 57B (1 & 2) of the West Bengal Estates Acquisition Act.