MADHUSUDAN KAYAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) LET the report in the form of an affidavit filed on behalf of the Block Land & Land Reforms Officer, Hingalganj, District - North 24-Parganas, be taken on record.

(2.) AFTER considering the submissions made by the learned advocates for the parties and upon perusing the instant application as well as the report in the form of an affidavit, it appears that the Court's query as to whether the writ petitioner could be treated as a 'Bargadar' in respect of the land as described in the writ petition has been answered in the negative by the concerned Block Land & Land Reforms Officer.

(3.) HAVING regard to the facts and circumstances of the case stated above, it is evident that the provisions of section 15A of the West Bengal Land Reforms Act, 1955, are clearly applicable and in case, the writ petitioner wants to continue cultivation of land, which stands recorded in the name of late Bhupati Kayal as Bargadar, it will be open to him and all other legal heirs of late Bhupati Kayal to approach the concerned respondent authority by filing an appropriate application under the relevant provisions of the West Bengal Land Reforms Act, 1955. However, so far as the undated notice issued to the writ petitioner by the Pradhan of Kalitala Gram Panchayat is concerned, whereby the writ petitioner has been directed to stop cultivation, it is apparent that the said notice has been issued wholly without jurisdiction and is liable to be set aside and is accordingly set aside.