LAWS(CAL)-1988-2-16

KARUNAMOY NANDI Vs. STATE OF WEST BENGAL

Decided On February 29, 1988
KARUNAMOY NANDI Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This appeal is directed against order, dated 2nd February, 1987 and 20th February, 1987 passed by the learned Trial Judge in Civil Rule No. 9547(W) of 1985.

(2.) The appellant moved a writ petition before this court inter alia, challenging the initiation of a proceeding under Section 1933 of the West Bengal Land Reforms Act before the Bhagchas Officer, Indus in the district of Bankura on the ground that on the face of the petition made under Section 198 by the respondent No. 5, no proceeding under Section 19B could be maintained. It is the case of the appellant that he is a recorded bargadar in respect of the disputed land under the landlords and he is under threat of being dispossessed by the respondent No. 5.

(3.) Even if it is admitted for argument's sake that the appellant was prevented from cultivating the said land, it cannot be contended that by such action the bargadar has been dispossessed by the landlords for which an application under Section 19B is maintainable.