ATITHI RANJAN SAMANTA Vs. BANGALATA SAMANTA

JUDGEMENT

(1.) The instant first appeal has been preferred challenging the judgment and order dtd. 2/3/2020 passed by the learned District Judge, Purba Medinipur in the Estate Acquisition Appeal No. 2 of 2012. The subject matter of challenge in the said Estate Acquisition Appeal was an order dtd. 11/5/1960 passed by the Assistant Settlement Officer in a proceeding under Sec. 44(2a) of the West Bengal Estate Acquisition Act, 1953 (in short, 1953 Act). As we have invited the learned advocate appearing for the appellant to advance his argument on the merits of the appeal, the delay in preferring the appeal is condoned and the application being CAN 2 of 2020 is disposed of.

(2.) The learned District Judge deciding the Estate Acquisition Appeal was acting as a Tribunal under Sec. 44 (3) being appointed by the State Government under Sec. 55 (2) of the 1953 Act vide notification dtd. 27/3/2012.

(3.) The issue which arises for consideration is as to whether the present appeal is maintainable before this Court in as much as the Tribunal (hereinafter referred to as the Land Tribunal) established under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (in short, the 1997 Act) would be having jurisdiction under Sec. 6 of the 1997 Act to decide the appeal since the order impugned in the appeal is an order passed by an authority as defined in the 1997 Act.