LALIT MOHAN DAS Vs. BISWANATH GHOSH

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution for an appropriate writ or direction upon the opposite parties to show cause as to why the opposite parties Nos. 4 and 5 should not be called upon to exhibit the authority under which they purport to act as members of a Bhag Chas Conciliation Board constituted under the West Bengal Bargadars Act, 1950, and why they should not forbear from acting as such members and also for a direction upon opposite party no. 7 to cancel or withdraw the Notification, dated 18-1-1951, which constituted the Bhag Chas Conciliation Board in question.

(2.) The petitioner claims to be a bargadar within the meaning of West Bengal Act 2 of 1950. It is alleged in the petition that on or about 15-3-1950, the West Bengal Bargadars Act came into force. Section 2 (b) of the said Act defines a bargadar as meaning a person who, under the system generally known as Adhi, Barga, or Bhag, cultivates the land of another persons on condition of delivering a share of the produce of such land to that other person, but shall not include any such person, if he has been expressly admitted to be a tenant by the owner in any document executed by him, or executed in his favour and accepted by him, or if he has been held by a Civil Court to be a tenant.

(3.) Section 2 (c) defines a Board as meaning a Bhag Chas Conciliation Board established under sub-section (1) of Section 6 and includes an officer authorised under the proviso to sub-section (4) of that section.