PRABHANGSHU SEKHAR MAITY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed challenging the judgment and order dated 13th December, 2007 passed by the West Bengal Land Reforms and Tenancy Tribunal whereby and whereunder the learned Tribunal dismissed the said application on merits rejecting the claim of the petitioner herein. From the records, we find that one Smt. Rashomony Nayak was the original owner of the land in question which is now claimed by the petitioner herein. The said Smt. Rashomony transferred the land to one Asit Baran Nayak by executing a deed of gift. The said Sri Asit Baran Nayak thereafter, transferred the land to the writ petitioner herein through a registered sale deed executed on 16th June, 2003. In the meantime, vesting order was passed in respect of the land in question by the State Government.

(2.) Challenging the said vesting order, Smt. Rashomony, original owner of the land in question along with other two co-sharers filed a Civil Suit in the Additional Court of Munsif at Contai being Title Suit No. 135 of 1983 for declaring the right, title and interest over the said suit land in favour of the plaintiffs. The Title Suit was decided on contest in presence of the learned advocate representing the State of West Bengal and the learned Civil Court decreed the aforesaid Civil Suit in favour of the plaintiffs. Thereafter, an appeal was preferred by the State Government before the Assistant District Judge, Contai being Title Appeal No. 28 of 1985. The said appeal was also dismissed by the learned Assistant District Judge, Contai. The plaintiffs thereafter filed a writ petition before this Court being W.P. No. 5348 (W) of 1997 for issuing appropriate direction to the concerned authority for correcting the record-of-rights in respect of the suit land.

(3.) The High Court while deciding the aforesaid writ petition directed the concerned respondents to consider and dispose of the representation of the writ petitioner for correction of the record-of-rights in the light of the judgment and decree passed by the learned Civil Court in Title Suit No. 135 of 1983.