NOZRUL ISLAM Vs. STATE OFWEST BENGAL

JUDGEMENT

(1.) AN affidavit has been filed in terms of our earlier order dated 30th April, 2008 and the same is kept with record. In the affidavit, the concerned Block land and Land Reforms Officer has stated in no uncertain terms that he has committed wrong and admitted his ignorance of the provision of law.

(2.) IN view of this sincere and candid statement, we do not wish to initiate any action against him, but we record that this is not a bona fide action and this action is palpably mala fide and may or may not be intentional, such an action was not warranted under the law. He has admitted his fault by himself, but the litigant has suffered a lot. Therefore, we direct the concerned Block land and Land Reforms Officer to carry out the earlier order of the learned tribunal dated 21st July, 2000 in true and proper spirit and terms thereof, within a period of two months from the date of communication of this order. This shall be done upon service of prior notice to the petitioners and giving opportunity of being heard.

(3.) IT appears to us, the aforesaid mala fide action could be taken because there has been given unguided power upon the Revenue Officer under sections 14t (3) and 14t (3)A of the West Bengal Land Reforms Act, 1955, to initiate action of his own motion. According to us, initiating proceeding by the administrative authority of its own motion, without any check and balance and guidelines ; obviously gives ample scope for arbitrariness in the action. Therefore, there must be some check and balance. In this case action has been taken under section 14t (3) of the aforesaid Act wherein no guidelines is provided. Where in statutory provision seed of arbitrariness is implanted, that has to be rooted out appropriately in exercise of power of judicial review. Presumably intention of legislature in empowering the Revenue officer to initiate suo moto action is not irrational but this Court cannot examine the validity and legality of the same, but having noticed glaring fact of arbitrary action, we cannot shut our eyes. We shall be failing to discharge our duty, if we do not do something while explaining above provision, as the same does not expressly provide.