HARUN SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Harun Sk., son of late Jesarat Sk. of Village and P.O. Dunigram, P.S. Rampurhat, Dist. Birbhum, the petitioner has filed this application for taking proceeding for contempt of this Court against the K. G. O., Halka Camp, Kaluha, Dist. - Birbhum, Manik Let, Monaranjan Let, Tamal Let, Pukhim Let, and Sanatan Let, all sons of late Nepal Let, of Village Purba Gopalpur, P.O. Nonadanga, Dist. - Murshidabad. This application is in the matter of an alleged contumacious act by disturbing and interfering with the possession of the petitioner's alleged land by allegedly destroying the standing paddy crops and mulberry plants grown by the petitioner by the Let respondents as well as by recording the names of alleged respondent Nos. 6 to 10 as bargadars by one Sri N. C. Sarkar, Revenue Officer known as K. G. O. or Halka Officer, Kaluha Camp and further for the alleged willful disobedience by the said respondent No.4, N. C. Sarkar, K. G. O. or Halka Officer, Kaluha Camp of the orders dated 14th of March, 1979 and 5th of April, 1979 passed by me in C. R. No. 1616(W) of 1979. The case of the petitioner is that the petitioner had moved an application under Article 226 of the Constitution against an impugned barga recording proceeding in respect of petitioner's land. It is further his case that on the application being moved on the 14th of March, 1979 I had issued a rule Nisi in terms of prayers (a) to (c) of the said petition. It is stated that I further issued an interim order of injunction in terms of prayer (d) for a period of two weeks from the date with liberty to the petitioner to apply on the same application for extension of the same on service on the respondents along with the copies of the writ application. It is, further, stated that I had made it clear that the said order would not prevent the respondents from proceeding afresh in accordance with the directions made by me on 22nd of December, 1978 in C. R. No. 8339 (W) of 1978. It is also stated that it was clear that the petitioner would not remove the crops if any on the land in question without giving prior notice to the Junior Land Reforms Officer or his duty authorized officer and before an inventory had been made. The petitioner had set out the prayer (d) in terms of which the order of injunction had been issued. The said prayer was to the following extent: - ?(d). An interim order of injunction restraining the respondents, their agents, servants, sub-ordinates and/or employees from proceeding further and giving effect or further effect to the impugned barga operation proceeding in respect of the petitioner's lands lying and situate within Mouza-Purba Gopalpur, J. L. No. 188, under P. S. Rampurhat, Dist. - Birbhum noted in paragraph 2 of the petition in any manner and in any form till the disposal of the Rule.?

(2.) It is, further, stated that the said application was disposed of by me on 5th of April, 1979 by direction that the recording of bargadars if any would be done in accordance with the directions made in the order dated 22nd of December, 1978 in C.R. No. 8939 (W) of 1978 if not done earlier. The rule and the application were disposed of as above. In connection with this application I would have occasion to refer to the said order I had made on 22nd of December, 1978 being C. R. No. 8939 (W) of 1978. The said order dated 14th of March, 1979 was duly communicated, according to the petitioner, in the present application, by registered letter of the learned Advocate dated 14th day of March, 1979 to all the respondents. It is, further, alleged that it was served on the respondent No. 4 that is to say the K. G. O. concerned on 21st of March, 1979 and which was also alleged to have been served on the respondent No.6 on 20th of March, 1979 upon the respondent Nos. 7 and 10 on 24th of March, 1979. The respondent Nos. 8 and 9, it is alleged by the petitioner in the present application, refused to accept the same on the 30th of March, 1979. The petitioner in the present application has annexed a copy of the letter dated 14th March, 1979 which was addressed to the Secretary, Land and Land Revenue Department, Govt. of West Bengal, the Collector of Birbhum at Suri, the Revenue Officer, Rampurhat, P.O. Rampurhat, the K. G. O., Halka Camp, Kaluha, the Junior Land Reforms Officer, Rampurhat-II, P.O. Rampurhat, Dist. - Birbhum and to the four private respondents. It is also addressed to the Officer-in-Charge, Rampurhat Police Station, Dist. - Birbhum and the Block Level Land Reforms Advisory Committee, Rampurhat-II. The letter was alleged to have been sent by registered post with A/D. As some arguments have been made about the knowledge of the respondents it is also necessary to set out the contents of the letter which is to the following effect: - ?Dear Sirs, Re : Harun Sk. v. State of West Bengal & Ors. This is to write to you that an application was moved to-day (14.3.79) in the Hon'ble High Court, Calcutta on behalf of my client, Harun Sk., son of late Jesarat Sk., Vill. & P. O. Dunigram, P.S. Rampurhat, Dist: Birbhum, against the impugned barga recording. On hearing His Lordship the Hon'ble Mr. Justice Sabyasachi Mukharji was pleased inter alia to issue a Rule Nisi in terms of prayers (a), (b) and (c) to the petition. His Lordship was further pleased to issue an interim order of injunction in terms of prayer (d) to the petition for a period of 14 days. The terms of prayer (d) runs as follows: - (d) An interim order of Injunction restraining the respondents, their agents, servants, sub-ordinates and/or employees from proceeding further in giving effect or further effect to the impugned Barga operation proceeding in respect of the petitioner's lands lying and situate within Mouza - Purba Gopalpur, J. L. No. 188 under P.S. Rampurhat, Dist: Birbhum noted in paragraph 2 of the petition in any manner and in any form till the disposal of the Rule. His Lordship has also directed that the petitioner will remove paddy with giving notice to the Junior Land Reforms Officer. Liberty was given to the petitioner to pray for the extension of the said interim order with notice to the respondents upon the same application. Pursuant to such direction I am sending a copy of the application in the above matter. Please note further that I shall pray for extension of the said Interim order upon the same application from His Lordship at any convenient date. This is for your information and guidance.?

(3.) The petitioner has also alleged in the present application that the land in question involved in the original rule namely, C.R. No. 1616 (W) of 1979, the said schedule was in the District of Birbhum, P.S. Rampurhat Mouza - Purba Gopalpur, J. L. No. 188. The Khatian Nos. were 476 and 2044 and Dag Nos. were 1229 and 1467 respectively. It comprises of a total area of 2.95 acres. It is further his case that on the 15th April, 1978 when I disposed of the matter an order was communicated to all the aforesaid officers and persons by letter dated 15th of April, 1979 by registered post with A/D. It is, further, the case that the said letter was served upon the respondent No. 4 on 11th April, 1979 and respondent Nos. 6, 7 and 10 on 12th of April, 1979 and it was refused by respondent Nos. 8 and 9 on 20th April, 1979.