KAJAL DUTTA PRAMANIK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Admittedly, one Jyotish Dutta since deceased was an absolute owner of the subject land and the Rs. record-of-rights would corroborate the aforesaid act. He left behind himself surviving after his death six sons namely Satan Chandra Dutta, Trilochan Dutta, Satya Ranjan Dutta, Sarat Chandra Dutta, Mirtunjoy Dutta and Chittaranjan Dutta. Subsequently, on an application of one Gouri Bala Dutta since deceased who was the widow of Mirtunjoy Dutta, their record of right was published in her name showing her possession in respect of a subject land and an absolute owner thereof. Sometimes in the year 1959, the portion of the subject land was acquired by the Government of West Bengal and the compensation was paid to the said Gouri Bala Dutta as her name was recorded in the record of right as absolute owner and possession thereof. On 13/8/1960 one of the son of Jyotish Dutta namely Sarat Chandra Dutta raised an objection before the competent authority against the recording of the name of the Gouri Bala Dutta as absolute owner. The matter was taken out by the Revenue Officer and upon hearing was pleased to reject the said application; meaning thereby the record of right was not corrected. In the meantime, the Gouri Bala Dutta since deceased transferred some portion of the subject property in favour of her daughter namely Bharati Rani Dutta being the mother of the present petitioner. Subsequently, on 19/4/1984 the said Gouri Bala Dutta transferred 65 decimals of land in favour of the petitioner. The Title Suit no. 8 of 1990 was filed by one Nagendra Nath Dutta & Ors. before the Second Munsif, Rampurhat, Birbhum which was ultimately dismissed for default on 4/1/1996. However, after filing of the said suit one Khirod Mohan Dutta, son of Sarat Chandra Dutta moved a writ petition before this Court alleging the inaction on the part of the authority in not disposing of the representation filed by him before the authority which came to be disposed of by the High Court directing the authority to consider the said representation and disposed of the same in accordance with law. The order would reveal that the direction was passed upon the Block Land and Land Reform Officer to take a decision thereupon but ultimately the said representation was referred to the Revenue Officer who registered the proceeding for revision of the record of right under Sec. 44(2A) of the West Bengal Estates Acquisition Act, 1953 Although the objection was raised by the present writ petitioner when the said representation was considered as an application for revision of record of right under the aforesaid provision but ultimately the authority allowed the said application and deleted the name of the Gouri Bala Dutta as absolute owner of the subject land. Since the order was passed under Sec. 44(2A) of the said Act, the appeal was preferred by the said Gouri Bala Dutta which was eventually dismissed. Challenging the order of the Appellate Authority, the writ petition was filed before this Court in the year 1997 and by promulgation of the West Bengal Land Reforms and Tenancy Tribunal Act the same suit transferred to the Tribunal for consideration which was registered as TA no. 772 of 2002. By the impugned order the said application is dismissed by the Tribunal which is challenged in the instant writ petition. The first and foremost point which has been raised in the instant writ petition is that the authority cannot resort to a successive revision of the record-of-rights that too at the instance of the heirs of Sarat Chandra Dutta whose earlier application was dismissed by the authority. It would reveal from the record that the writ petition was filed by the heirs of the Sarat Chandra Dutta and the only grievance raised therein was non consideration of a representation which they make before the authority.