ENAYET ALI MOLLA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) One Mother Ali Molla, since deceased became the owner of 57.50 decimal of land in Rs. dag No.1358/1445 corresponding to CS Dag No.1346, Rs. khatian No.85 of mouza-Chakpachuria, JL No.33 within the P.S Rajarhat. He purchased the subject land from one Shanti Rani Dey by virtue of a registered deed of sale being deed No.3346 of 1973 dtd. 4/5/1973. The petitioners are the legal heirs and successors of the said Mother Ali Molla, since deceased. During the life time of Mother Ali Molla he did not record his name in Rs. Record of Rights. After the death of Mother Ali Molla, the present petitioners moved an application before the Land Reforms and Tenancy Tribunal (LRTT) by filing OA Case No.1908 of 2022. The said application was disposed of directing the jurisdictional Block Land and Land Reforms Officer, respondent No.5 herein, to dispose of Misc Case No.941 of 2015 dtd. 29/12/2015 which the petitioners filed for mutating their names in respect of the subject land in the Record of Rights, within six months from the date of communication of the order in accordance with law and giving opportunity to interested parties of hearing.

(2.) It is the case of the petitioners that when the respondent No.5 came to the spot for field inspection, the representatives of the respondents No.3 and 4 raised objection for the first time and the petitioners came to learn that the said respondents No.3 and 4 wrote a letter to the Additional District Magistrate (Land Acquisition) on 22/5/2023 making out a case to the effect that by virtue of acquisition proceeding, HIDCO acquired 77 decimals of land from Rs. Plot No.1358/1445 and the rest portion of Rs. Plot No.1358/1445 was acquired in or about 1953-54 by the Irrigation and Waterways Department, Government of West Bengal. After taking over possession, Bagjola Canal was excavated. A copy of the said representation was forwarded by the respondent No.6 to the BL and LRO on 31/7/2023. The petitioners further state that the Executive Engineer, Irrigation and Waterways Department vide Memo No.4L-3/747 informed the HIDCO sometimes in the year 2015 that the said plot in question had never been acquired by the Irrigation and Waterways Department. It is the specific case of the petitioners that petitioner's land was never acquired in any acquisition proceeding by the respondent No.6 on being requisitioned by the HIDCO. However, the respondent authorities are trying to restrain the petitioners from mutating their names recorded in the Record of Rights and also trying to encroach upon the land of the petitioners without having no right, title and interest over the said land. Therefore, the petitioners have filed the instant writ petition for following reliefs:-

(3.) Mr. Jishnu Chowdhury, learned Counsel on behalf of the respondents No.3 and 4 entered appearance on notice and raised preliminary objection with regard to maintainability of the writ petition on the ground that a proceeding is pending before the DL and LRO, North 24 Parganas under the West Bengal Land Reforms Act and no writ petition is maintainable against any proceeding initiated under the specified Act, viz, WBLR Act.