BASUDEB GHOSH Vs. SUB-DIVISIONAL OFFICER(SADAR)BURDWAN

JUDGEMENT

(1.) THE Court: The CAN dated April 9, 2007 has been filed for setting aside of an order dated January 31, 2002 passed by a Judge of this Court who is no longer a Judge of this Court. Since the WP in connection wherewith the CAN has been filed was filed under Group -I of the classification list, I can take up the CAN and also the WP.

(2.) THE WP dated January 27, 1986 was filed questioning an order dated September 4, 1985 passed by the Appellate Authority under the West Bengal Restoration of Alienated Land Act, 1973. In view of the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 on January 31, 2002 when the WP was dismissed on the grounds that by efflux of time it lost its utility and significance, this Court did not have jurisdiction to pass the order.

(3.) IN view of the provisions of s.9 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 the WP with all records was to be sent to the Tribunal established under s.4 of the Act, because the West Bengal Restoration of Alienated Land Act. 1973 was one of the specified Acts mentioned in s.2 (r ) of the Act. The order dated January 31, 2002 was passed in ignorance of the above -noted provisions. I am, therefore, of the view that the order should be set aside and the records of the WP should be sent to the Tribunal.