AFSAR ALI BAIDYA Vs. AJIJUL HOQUE BAIDYA

JUDGEMENT

(1.) BY filing this revisional application, the revisionist/petitioner has challenged two orders passed by the West Bengal Land Reforms and Tenancy Tribunal ­ one dated December 3, 2009 in Original Application No. 3434 of 2008 and the other dated March 30, 2010 in Miscellaneous Appeal No. 49 of 2010 arising out of Original Application No. 3434 of 2008.

(2.) THE opposite party no. 1, namely, Ajijul Hoque Baidya, made an application on November 18, 2008 for correction of the Land Reforms Record of Rights alleging, inter alia, that there were discrepancies in the Revisional Settlement Record of Rights and Land Reforms Record of Rights. The petitioner is aggrieved as in terms of sub -section (4) of Section 51A of the West Bengal Land Reforms Act, 1955, an officer, specially empowered by the State Government, could not correct the record of rights, on an application after expiry of one year from the date of publication of the record of rights under sub -section (2) of Section 51A of the said Act.

(3.) OUR attention is drawn by Mr. Mrinal Kanti Ghosh, learned advocate appearing for the petitioner to the fact that the predecessor -in -interest of the petitioner, namely, Safurennecha Bibi, filed a suit being Title Suit No. 266 of 1982 in the court of the learned Munsif, Second Court at Baruipur, 24 -Paraganas, against the predecessor -in -interest of the opposite party no. 1, namely, Ajij Rahaman Baidya and others. It is, further, stated in the revisional application that the learned Munsif, Second Court at Baruipur, by judgment and decree dated February 16, 1987, inter alia, declared right, title and interest of the predecessor -in -interest of the petitioner. We hold that the tribunal was not justified in asking the Block Land & Land Reforms Officer concerned, assuming for the sake of argument that he was specially empowered by the State Government, to correct the Land Reforms Record of Rights on an application by a party after expiry of one year from the date of final publication of the Land Reforms Record of Rights. The orders impugned in the revisional application are, therefore, set aside.