SACHINANDAN BHUNIA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ petition has been filed challenging the judgment and order dated 4th December, 2003 passed by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to as the "said Tribunal") dismissing thereby the Original Application No. 3923 of 2003 filed by the writ petitioner. This case has a chequered career.

(2.) Prior to the aforesaid order of the Tribunal, another order was passed by the Tribunal on 4th July, 2003. By the said order the learned Tribunal allowed the Original Application No. 2302 of 2003 filed by the petitioner. In the said order the learned Tribunal opined that the order of the appellate authority dated 30th June, 2003 has not adequately dealt with the certificate of marriage produced by the petitioner, as such, the order of the appellate authority was set aside and the matter was remanded to the appellate authority to deal with the points afresh and particularly the points arising out of the certificate of marriage which was produced before the appellate authority.

(3.) Pursuant to the said direction of the Tribunal, the matter was taken up by the appellate authority and an order afresh was passed on 1st October, 2003. In the said order the appellate authority looked into the marriage certificate furnished by the petitioner and other documents as also the relevant facts of the case. Looking into those documents the appellate authority found that the claim of the writ petitioner was that the marriage between Sachidananda Bhuiya, the petitioner and Smt. Ila Bhuiya had taken place on 27th February, 1970. The appellate authority also noted that said claim was made on the basis of the certificate of marriage issued by the Marriage Officer on 24th July, 2002.