RENUBALA MITRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS Rule, with the corresponding interim order for maintenance of status quo as on that date, which was subsequently extended, cm 3rd November 1976, was obtained an 6th August 1976, against orders made under section 144 of the Criminal Procedure Code whereby the Respondent no. 7 was directed to be' added as a party.

(2.) IT is the case of the petitioners that by virtue of inheritance they became owners in respect of the lands at mouza-Patna, Bharabpur, J. L. No. 99 p. S. Palba, District Hooghly. The other particulars of the lands have been mentioned in paragraph-1 of the petition. It has been stated that out of these lands, the plot number as mentioned in paragraph 2 of the petition were recorded in the name of one Shambu Tude, Respondent No. 5, as bargadar under the petitioner. It has been stated that the said shambu Tude died in or about the year 1967 and on such death, his heirs, and legal representatives having abandoned the cultivation of the concerned lands, the petitioners themselves brought them under Khas possession and also cultivated them with their men and agents.

(3.) IT has been stated that in or about the year 1974, Renu Bala Mitra, petitioner No. 1 and Sarbashree Ajit mitra and Asit Mitra, being petitioner no. 2 and 3 made applications stating the facts as mentioned above, and prayed for correction of the records of rights before the Junior Land Reforms officer, who upon necessary investigation recommended such correction as prayed for to the officer incharge of the settlement Halka Camp No. 45, Village Patna, P. O. Sultanganga, District-Hooghly. Thereafter, it has been stated 'that at the time of cultivation of the lands in question, the Respondent Nos. 4 to 7 in this Rule, claimed Barga rights under the petitioners and they along with their associates threatened to destroy the paddy and crops, whereupon the petitioners moved under section 144 of the Criminal Procedure Code, for an order restraining those Respondents from interfering with their peaceful possession of the lands. The particulars of such proceedings are available in the petition and it has been stated that on such application, the officer incharge of the Police Station concerned, so also the Junior Land Reforms Officer, were directed by the learned Magistrate to enquire into the matter and also to report. Such enquiries have been conducted duly and from a reference to the concerned reports it would appear that it was reported that Shambu Tude, Respondent No. 5 in this proceeding being dead, the disputed lands were cultivated by the petitioners as their Khas lands and the Respondents as mentioned above, were trying to disturb their possession and interfere with cultivation of the lands. From the report, the petitioners have further stated that it appeared that Respondent No. 7, Ramdhan tude, was a Bhagh Chasi in respect of the Plot No. 3352. It has also been stated that thereafter, the learned Magistrate drew up a proceeding under section 144 of the Criminal Procedure code order by his order dated 6th august 1975 and such proceeding was made absolute by an order dated 10th october 1975.