BHUBANESWARI DEVI (CHAKRABORTY) Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) None appears on behalf of the State Respondents.

(2.) In this appeal the order of dismissal of the writ petition dated 22.12.1997 has been challenged. The writ Petitioners/Appellants in their writ petition challenged the order dated 22.07.1997 passed by the Collector under Sec. 54 of the West Bengal Land Reforms Act in affirming the order passed by the Revenue Officer upon review under Sec. 14T(3A) of the West Bengal Land Reforms Act, 1955. The learned Trial Court summarily dismissed the writ petition by observing that the questions involved in the writ petition were related to the facts and as such, the same cannot be gone into in exercise of jurisdiction under Article 226 of the Constitution of India. On the face of the order as passed by the Revenue Officer upon review under Sec. 14T(3A) of the said Act as also the order passed by the Collector, the appellate authority in affirming the said order, it appears that there involves a question of law as to whether such a suo motu review proceeding by the Revenue Officer concerned in exercise of the power under Sec. 14T(3A) of the said Act was maintainable or not, had not been gone into by the learned Trial Judge.

(3.) For the purpose of dealing with the said question, some facts of this case are necessary which are stated briefly hereunder.