RANI BALA JANA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) BY this application, the judgment and order dated 26th September, 2003 is impugned. The fact of the case is that in or about 1996, the State respondents, initiated a proceedings under section 14t (3) read with section 14t (10) of the West Bengal Land Reforms Act, 1955 (Thereinafter referred to as the said Act ). The said proceedings was challenged before this Court. By judgment and order dated 8th October, 1996, learned Single Judge of this court had set aside the said proceedings and the order of vesting was also quashed. While doing so, the following direction was given:

(2.) IT appears, in spite of the said order being passed, no action was taken. So, another writ petition was filed in this Court being W. P. No. 12229 (W) of 1999. The said writ petition was disposed of by an order dated 13th July, 1999, directing the State respondents to consider the application made by the petitioner for correction of the record-of-rights in respect of the lands in question which has not yet been considered by the respondent concerned.

(3.) THE aforesaid order was also not carried out. Ultimately, the Block land and Land Reforms Officer had passed an order negating the order passed earlier by His Lordship the Hon'ble Justice N. K. Mitra (as His lordship then was ). It is to be noted that the judgment and order of Hon'ble justice Mitra (as His Lordship then was) has not been appealed against and the mandate is very clear. In spite as aforesaid, the learned Tribunal by its impugned judgment and order, recording the history of the case, passed the following order: