SARBESWAR GIRI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This litigation has a long chequered history. However, presently we need not give the vivid description of the earlier proceedings held in different Courts and Tribunals between the parties. Suffice it to indicate that the State-respondent failed to establish its plea that the land in dispute stood vested in the State under the provisions of the West Bengal Estates Acquisition Act in the suit filed by Smt. Krishna Rani Shasmal (owner of the land) in the Court of the learned 1st Additional Munsif, Diamond Harbour. The said suit being Title Suit No. 1 of 1994 filed by Smt. Krishna Rani Shasmal was decreed on contest against the State-respondent with a clear finding that the State-respondent has not been able to prove by any evidence that the suit property was vested in the State under the provisions of the West Bengal Estates Acquisition Act. The right, title and interest of Smt. Shasmal in the suit property was declared and the State-respondent was restrained from interfering with the possession and title of the plaintiff in the suit property.

(2.) The State-respondents did not prefer any appeal challenging the said judgement and decree of the Learned Civil Court. As such, the judgement and decree which was passed by the Learned Civil Court attained its finality. The State-respondents thus cannot take any stand contrary to the finding which was arrived at against the State-respondents in the said suit in any collateral proceeding before any forum whatsoever.

(3.) The present dispute before us is a dispute raised by the writ petitioners who claim to be the bargadars in respect of the disputed land under the land owner. The Division Bench of this Hon'ble Court while disposing of a writ petition being W.P.L.R.T. 771 of 2002 directed the concerned B.L. & L.R.O. to consider the petitioners' claim by treating the tribunal application as their representation in accordance with law and in compliance with the order passed by the Learned Civil Court.