BASANA ROY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present writ application under section 226 of the Constitution of India is directed against the judgment and order dated 2nd May, 2003 passed by the West Bengal Land Reforms and Tenancy Tribunal, hereinafter referred to as the 'Tribunal', in O.A. No. 2908 of 2002.

(2.) Grievances of the writ petitioner may briefly be stated as follows: The petitioner purchased land in 1984 situated in Mouza-Purba Khamar Simulia, P.S. Hanskhali in the District-Nadia being R.S. Khatian Nos. 1421, R.S. Dag Nos. 650, 651, 652, 655 comprising of an area of 1.77 acres out of 2.86 acres from the recorded owners Sri Ashim Kumar Sarkar and others, being the heirs of the recorded owner Nihar Ranjan Sarkar, through a Registered Sale Kobala. After such purchase, the petitioner got possession of the land and started paying rent to the Government and the Government accepted the same. Petitioner applied for correction of Records of Rights and the concerned authority duly corrected the Record of Right. Bhagaban Chandra Biswas and Suprakash Biswas, who were owners of the plot in question and also other properties in Mouza-Simulia were big raiyat. Being intermediary, their right, title and interest were vested to the State and they settled the Tank and/or Land in question in favour of one Nihar Ranjan Sarkar on 28.7.1954. On the basis of the said documents, Nihar Ranjan Sarkar recorded his name in the R.S. Record of Right. After the death of said Nihar Ranjan Sarkar his heirs i.e., the vendors of the petitioner duly applied for correction of Records of Rights in respect of the Tank/Land in question and the concerned authority duly recorded the names of the heirs of the deceased Nihar Ranjan Sarkar in the L.R. Records of Rights. Respondents Nos. 6 to 8 never prayed for initiation of 44(2a) proceeding for correction of Record of Right but they prayed for the same after 37 years from the date of correction of Record of Right in the name of Nihar Ranjan Sarkar on the ground that settlement of pond in question with Nihar Ranjan Sarkar had expired in 1971. The settlement authority initiated the proceeding for correction in 1998 i.e., long after 25 years of the final publication of the Record of Right. The petitioner is enjoying and possessing the Land/Tank in question since the date of her purchase and is still in possession. The respondent Nos. 6 to 8 who are the heirs of Bhagaban Chandra Biswas made an application on 16.1.1998 before the BLLRO, Hanskhali with a prayer for correction of Record of Right. The said respondent Nos. 6 to 8 moved a writ application before the Hon'ble High Court being W.P. No. 5014(W) of 1998 but the petitioner was not made a party in that matter. The Hon'ble Justice N.K. Mitra, as His Lordship then was, by order dated 16.7.98 directed the concerned authority to consider the writ application as a representation and dispose of the same. As per the said direction the BLLRO disposed of the representation and rejected the same on the ground that any proceeding under section 44(2a) of the WBEA Act was impossible after 35 years from the date of final publication. It was also held that the person whose name was recorded became direct tenant under the State, BLLRO also held that the at K.B. Stage modified Khatian was prepared deleting Ijara Dakhal . Against the order of BLLRO, respondent Nos. 6 to 8 moved another writ application being W.P. No. 6614(W) of 1999 and the same was admitted on 21.4.1999. During pendency of the said writ petition, they preferred an appeal being L.R. Appeal No. 22 of 1999. The Appellate Authority disposed of the same by order passed on 26.12.2000 and while setting aside the order passed by BLLRO, direction was given for correction of Record of Right in the names of respondent Nos. 6 to 8. The petitioner filed an application before the Tribunal being O.A. No. 571 of 2001 and the Tribunal by order dated 31.7.2001 directed that BLLRO should initiate a fresh proceeding under section 44(2a) without approval from any authority and hear out all parties and dispose the same in accordance with law within a period of four months. Thereafter, BLLRO initiated a proceeding under section 44(2a) of the WBEA Act and after hearing all parties on 8.5.2002 it was disposed of with the observation that R.S. Record of Right was prepared properly and the proceeding under section 44(2a) of the WBEA Act was dropped.

(3.) The said order was challenged by respondent Nos. 6 to 8 by filing an application before the learned Tribunal being O.A. No. 2908 of 2002. The learned Tribunal by its judgment and order dated 2nd May, 2003 disposed of the said application. Such judgment and order passed by the learned Tribunal has been assailed by the petitioner in the instant application. The petitioner has prayed for setting aside of the said judgment and order dated 2nd May, 2003.