KHITISH CHANDRA KAMILA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ application has been filed challenging the order dated 12.3.01 passed in Transferred Application No. 263 of 2000. While assailing the judgment of the Tribunal, the learned counsel for the petitioner submitted that the Tribunal has ignored the judgments and decrees passed by Civil Courts which have become final. In support of such contention the learned counsel for the petitioner first relied on a judgment dated 5.2.66 passed by the learned Munsif, Additional Court, Contai, in Title Suit No. 57 of 1963. The said suit was decreed in part on contest and the title of the plaintiff in the suit property described in Schedule 'Ka' to the plaint excepting plot 1783 of Mouza Patna appertaining to Khatian No. 404 was declared, and it was made clear that the said property cannot vest. The decree was also passed to the above effect. Against the said judgment and decree the State preferred an appeal. The said appeal was numbered as Title Appeal No. 181 of 1966. The said appeal was also dismissed by the learned District Judge, Midnapore. The learned counsel for the petitioner submitted that no second appeal was filed and in support of such contention, the learned counsel has filed an information slip which is annexure P-3 to this petition. The learned counsel for the petitioner further submitted that another suit was also filed for partition. The said suit was also decreed on contest in preliminary form against defendant No. 13 in the said suit and ex parte against other defendants. In the said suit it was declared that the record-of-rights in respect of 'Ga' Schedule properties showing as vested land of the State of West Bengal is wrong and the right of the plaintiff for 1/4th share in respect of 'Ka' Schedule properties was also declared. The appeal filed against the said judgment and decree was also dismissed by the learned District Judge, Midnapore, on 6.8.75.

(3.) Thereafter the petitioner filed a writ petition before this Hon'ble Court being C.O.4031(W) of 1980. The Hon'ble Mr. Justice M. N. Roy (as His Lordship then was) by a judgment and order dated 23.4.80 made the following observation: