STATE OF WEST BENGAL Vs. KANAI LAL SAHA

JUDGEMENT

(1.) Respondents 1 to 57 to this appeal claim to be the owners of the lands situated in the different mouzas P.S. Basanti, District 24-Parganas. They have purported to give a detailed list of the lands allegedly owned by them in the Annexure 'A' to the writ petition filed by them. They have alleged that each of them personally cultivate the said lands and that none of these lands are cultivated by Bagadars. On 1st September, 1978 the Officer-in-Charge, Centralised Halka Camp, Basanti, 24-Parganas had issued a memo addressed to the Secretary to the local congress committee enclosing a list of mouzas where Operation Barga work would start very soon on priority basis. The said memo contained a list of proposed sites for offices for the aforesaid purpose. The respondents 1 to 57 herein in their writ petition have inter alia, prayed that the appellants in this appeal (the respondents in the writ petition) be commanded to cancel and re-call the aforesaid memo and to prohibit them from taking any steps in the Operation Barga. They have prayed for quashing of the impugned memo and the notice. Their writ petition also contains a prayer for issue of appropriate writs to command the respondents to the writ petition not to prepare any Record of Rights under S. 51A of the West Bengal Land Reforms Act without making a declaration and proclamation in the filed and without notice and without allowing the petitioner to take part in such proceedings and to place their case.

(2.) Nine other similar writ petitions were filed by others. On 15th of September 1978, Hon'ble Mr. Justice Sabyasachi Mukharji was pleased to issue Rules upon ten writ petitions. His Lordship was pleased to grant interim orders to the extent that no further effect would be given to the impugned notice dated 1st September, 1978. The petitioners were given liberty to apply for further interim orders with notice. The learned Single Judge by his orders dated 22nd and 29th September, 1978, had extended the said interim orders. On 17th November 1978 and again on 20th November 1978 the learned Single Judge modified and clarified the aforesaid interim orders. The State and its officers have preferred the appeal under Clause 15 of the Letters Patent against orders dated 17th and 20th November 1978 passed in C.R. No.8348(W) of 1978 Kanailal Saha & ors. v. The State & ors.).

(3.) The appellants have filed an application for stay of the operation of the aforesaid two orders appealed against. The respondents have opposed the said prayer. At the outset it is necessary for us to point out that this order will not govern the present case (arising out of C.R. No.8348(W)/78) and at present we need not consider the correctness and propriety of the orders which might have been passed upon other writ petitions which have been filed, inter alia, challenging the 'Operation Barga'. The State has not preferred appeals in respect of interim orders passed in other Rules and we are not aware whether or not the facts involved in the other Rules are similar and whether or not the grounds of challenge are identical. We have not also heard the learned advocates appearing for the different parties in the other Rules. Therefore, the order passed today will only govern the present appeal.