ANANDA PRASAD DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) These two appeals have been filed against two final orders both dated 19th August 1991 passed by a learned Judge of this Court in two writ petitions which were registered as C.R. No.15363(W) of 1980 (Ananda Prasad Dey & Ors. v. The State of W.B. & Ors.) and C.R. No.15364(W) of 1980 (Shyamapada Mondal & Ors. v. The State of W.B. & Ors.).

(2.) Since on identical relevant facts common questions of law have arisen in both the appeals, we propose to decide them by this common judgment.

(3.) Appellants are residents of two villages located within the jurisdiction of same police station and post office of the District Murshidabad. They are owners of agricultural lands. In 1975 settlement operations in respect of their lands were completed by the Revenue Officer upto the stage of attestation of the record-of-rights. After said attestation the Revenue Officer circulated a general notice dated 21st August 1979 notifying that in terms of sections 51 and 21B of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as 'the Act') names of the persons mentioned in the list of the notice would be considered for recording as bargadars in the record-of-rights of the lands specified in the said notice. In the list to the said notice names of the private respondents in these appeals appeared for consideration against lands belonging to the appellants. Consequently on 3rd September 1979 appellants moved two writ petitions. On the same date said writ petitions were disposed of. The barga recordings were set aside by the Court and respondent authorities were given liberty to proceed afresh after serving notices on the appellants. In terms of such liberty two notices both dated 12th December 1980 were served by the Revenue Officer of the area on the two groups of appellants. Both the notices were issued under sections 51 and 21B of the Act read with rule 22 of and paragraph 1 of Schedule A to the West Bengal Land Reforms Rules, 1965 (hereinafter referred to as 'the Rules'). By said notices appellants were informed that the persons named therein (the private respondents in these appeals) had applied for getting their names recorded in the concerned record-of-rights as bargadars in respect of lands belonging to the appellants; and as such, the departmental authorized Revenue Officer would make a spot enquiry on the dates mentioned in the notices. The notices were served together with copies of the applications made by the persons who claimed to be bargadars. Besides incorporating the particulars of the lands in question in the notices, thereby appellants were requested to be present at the time of enquiry with their witnesses and documents to oppose the claims of the alleged bargadars. Contending that said notices were illegal and vitiated by lack of jurisdiction and power of the issuing Revenue Officer, the two writ petitions were filed by the appellants.