SANAT KR. DUTTA Vs. RAM SANTOSH MUKHOPADHYAY

JUDGEMENT

(1.) THE Revisional Jurisdiction of this Court has been exercised by the Petitioner Sanat Kr. Dutta by filing the instant Revisional Application against the Order dated 11th May, 1990 passed by the Rent Controller, Bankura, in Misc. Case No. 4 of the 1988 before him, arising out of an application under Section 29-B of the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as Act). The matter has appeared before me, having been assigned by the Ld. Chief Justice by order dated 28.4.95.

(2.) AS the matter was taken up for hearing, a technical question arose as to whether a Revisional Application against an Order passed by a Rent Controller under Section 29-B of the aforesaid Act should be heard by a Division Bench or by a single Judge. The learned Advocate for the Opposite-Party sought to submit with reference to the Calcutta High Court Appellate Side Rules that such matter should be heard by a single Judge, and not by a Division Bench. But to that I would at once note with a minute of dissent that Sub-Rule (1) of Rule 1, Chapter II of the Rules of the High Court at Calcutta Appellate Side, Part-1, as it now stands after the amendment reads as follows:

(3.) TAKING the above view, a Division Bench of this Court in re: Smt. Prabha Tankha, 1994(II) CHN 313 has held that Revisional Applications under Section 29-B(9) of the aforesaid Act have to be moved before a Division Bench. Sitting singly, as I do, I cannot certainly differ from the view so taken by the Division Bench in the aforesaid decision. So long as the said decision stands such-like Revisional Applications against orders passed by a Rent Controller under Section 29-B of the Act could not be heard and dealt with by Single Judge. It may also be noted in this context that though the relevant rules of the Appellate Side Rules of the High Court at Calcutta have since been amended no provision has yet been made therein regarding Revisional Applications against orders passed by a Rent Controller under Section 29-B(9) of the Act.