BIBHUTI BHUBAN NAYAK Vs. EXECUTIVE MAGISTRATE

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated the 6th September 1985 passed by a learned single Judge of this Court summarily dismissing the appellant's petition under Article 226 of the Constitution of India, confirming the order of the respondent No. 1 dated 17th July, 1985 in case No. L. R. (A) 48 of 1979, on the grounds made out in the Memo of Appeal.

(2.) IT is contended by the Appellant-Writ petitioner (herein-after referred to as petitioner) that his father late Bejoy Krishna Nayak was bargadar in respect of the disputed C. S. plot Nos. 185 186 under Khatian No. 180 j. L. No. 142 within Mouza-Dakshin Battola, District 24-parganas admeasuring 4. 23 acres of land under the owner thereof, Kinkar Charan sarkar. On the death of the said Kinkar Charan Sarkar his window tarubala Sarkar inherited the said land and became the owner thereof. Both Kinkar Charan and Tarubala used to received the shares of bhag produce from his Butrga lar Bejoy Krishna, and grant receipts therefor. The said Bargadar had tried on 19th November, 1977 leaving behind the petitioner, Bibhuti Bhusan, his mother Hem Prova, his younger brother hari Krishna, and four sisters, Gouiri Bala Nayak, Karuna Jana Gita pramanik and Jamuna Ojha as his legal heirs. The petitioner continued to ultimate the disputed lands as bargadar for himself and on behalf of the aforesaid other heirs of Bejoy Krishna under the said Tarubala Sarkar. He had as well filed applications against thesaid Tarubala under Section 18 (1) (a) of the West Benga Land Reform Act, 1955 (herein-after shortened into Act) before the Bulagchas officer, Basanti, District-24-paraganas (hereinafter referred to as B. C. O) for acceptance of the owner's share of produce in 1978 and 1979 for the yeans 1384 and 1385 B. S, being B. C. case Nos. 52 of 1978 and 69 of 1978 respectively. The petitioner was directed to deposit the owner's share of produce of the disputed lands or the sale proceeds thereof to the State hank of India in terms of the orders dated 31. 8. 84 passed therein which he did.

(3.) IT subsequently transpired that the Respondent No. 3 Mst. Marjina khatun Bibi, had filed an application under Section 18 (1) of the Act on 10th October, 1974 before the B. C. O. concerned against the aforesaid recorded Bargadar Bejoy Krishna for termination of his cultivation of the disputed lands contending, inter-alia, that she had purchased the said lands from the said Tarubala Sarkar on 3rd June. 1974 corresponding to 20th Jaistha, 1381 B. S. being registered as bhagchas Case No. 81 of 1974. The heirs of the said Bejoy Krishna had also been subsequently impleaded therein. The said case had been allowed by the said B. C O. by his order dated 25th June, 1977 for the reasons recorded therein. On appeal being preferred there against by the petitioner, being L. R. Appeal no. 48 of 1979 before the sub-Divisional Officer at Alipore, 24-paraganas being the Appellate Authority under Chapter III of the Act the same was also heard by the Appellate Authority concerned, and dismissed by its judgment and order dated 17th July, 1985.