ROHIMA KHATUN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE Revenue Officer, Galsi Settlement Camp, has served a notice upon the petitioner stating, that, Abdul Mabud described as Abdul Sabud, the respondent No; 5, has made an application for recording him as a Bargadar under the petitioner in respect of the land mentioned in one schedule to the said notice. Thereupon, the petitioner has moved this Writ Application challenging the authority of the revenue Officer, Galsi to entertain the said application of the respondent no. 5. The petitioner's contention, inter-alia, is that no Revenue Officer with the additional designation of Settlement officer under Schedule 'a' second proviso clause (i) of Rule 1 of the West Bengal land Reforms Rules had cancelled the records of Rights which have been already attested and such an officer also has not further directed that the R. S. Settlement proceedings be carried out de novo. Therefore, the Revenue Officer, Galsi, who himself is not a settlement Officer has no jurisdiction to enter the name of the respondent no. 5 as bargadar in the Record of Rights in question.

(2.) MR. Laha, who has appeared on behalf of the State, has produced before me a copy of the Notification No. 7666 S and S dated 20th June, 1979, issued by the Board of Revenue, Government of west Bengal, Section-C Sands Branch stating that :

(3.) MR. Laha has also placed the following Order No. 176/7414 S78 dated 30th december, 1978 issued by the Settlement officer, Burdwan-Bankura :