PRASANTA PAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Admittedly, the private respondents were the owners of the land in question. The said land of the private respondents stood vested with the State. The said order of vesting passed by the concerned BL & LRO was ultimately quashed by an order passed by the West Bengal Land Reforms and Tenancy Tribunal on 3rd March 2003 in O.A No. 2655 of 2001. The concerned BL & LRO was directed to correct the record of rights accordingly. Pursuant to the order passed by the Tribunal, a proceeding was initiated by the concerned BL & LRO for divesting the said land of the private respondents. Ultimately, the land previously vested with this State was divested vide order dated 20th October, 2008 passed by the concerned BL&LRO in Misc. case No. 01 of 2003. The record of rights was corrected accordingly. Subsequently, the pattas which were granted in favour of several landless persons were annulled. But since those patta holders are still in possession over the land in question, proceeding has been initiated for recovery of possession from the patta holders by the concerned Sub-Divisional Officer.

(2.) The petitioner herein claims that they being the landless persons are in possession of the said land in question. They further allege that though they are in possession of the land in question, no notice relating to any proceeding such as divesting of the vested land and/or correction of record of rights was ever served upon them and thus, the order of divesting and/or correction of record of rights was made by the concerned authority by keeping them in dark about those proceedings and they were not given any opportunity of hearing in connection with those proceedings at any stage thereof.

(3.) It is alleged that since the possessory right of the petitioners is now under threat and such threat originated for the first time from the order passed by the Tribunal which is impugned in this writ petition before this court, they have filed the instant writ petition challenging the order passed by the Tribunal on 12th June, 2013 in O.A case No. 1177 of 2012(LRTT) by which the Sub-Divisional Officer Rampurhat, District Birbhum was directed to consider and dispose of the grievances of the private respondents by treating the original application along with annexures filed by the private respondents before the Tribunal as their representation, within six weeks from the date of communication of this order, by giving fair and reasonable opportunity of hearing to the private respondents and other interested persons and by passing a reasoned order.