MAYA SARKAR Vs. CONTROLLER OF CALCUTTA THIKA TENANCY

JUDGEMENT

(1.) A miscellaneous case being Misc. Case No. 23 of 2007 was started before the Controller, Thika Tenancy on 7th May, 2007 as per the request made by the Municipal authority of Calcutta Municipal Corporation by its letter dated 11th April, 2005, whereby the Thika Controller was requested to decide the status of the premises in question.

(2.) AS a matter of fact, such a request was made by the Municipal authority to the Controller, Thika Tenancy as a dispute cropped up between the writ petitioner (land owner) and the private respondents (alleged thika tenants) as to thika tenancy right of the private respondents in respect of the premises in question. Both the writ petitioner and the private respondents participated in the hearing before the Controller, Calcutta Thika Tenancy and ultimately the said proceeding was disposed of by the Controller by declaring that the disputed land in question including open areas and roads were deemed to have been vested in the State along with the interest of the landlords therein, free from all encumbrances with effect from 13th January, 1982 by operation of Section 5 of Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 (since repealed) and Section 4 of West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.

(3.) THUS , it was held therein that Smt. Bimala Bala Dasi will continue to be recorded as Thika Tenant even after the alleged transfer was effected in respect of certain portion of the premises in question as because no transfer was permissible under Section 5(4) of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001 and/or under Section 6(3) of the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981. So far as the other applicant was concerned, it was held that though the applicant 2nd party claimed himself to be grand child of the Thika Tenant Jamini Kr. Singha but inheritance of the said Thika Tenancy Right by succession through Jamani Kr. Singha has not been established.