SYED HASINUR RAHAMAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) IN the instant criminal revisional application petitioner prayed for quashing of the charge-sheet under Section 4d of the West Bengal Land reforms Act, arising out of Daspur Police Station Case No. 42 of 2007, corresponding to G. R. No. 106/07, now pending before the Additional Chief Judicial Magistrate, Ghatal, Paschim Medinipur.

(2.) HEARD Mr. Shyamal Bhattacharya, the learned advocate appearing on behalf of the petitioner as well as Mr. Debobrata Roy, the learned advocate contained therein on the basis of which charge-sheet has been submitted as well as other materials on record.

(3.) MR. Bhattacharya submitted that the petitioner is the owner of the Plot Nos. 1049, 1403 and 339 situated within Mouza Uttarbar, Police Station Daspur, District Paschim Medinipur. He further submitted that the aforesaid plots are comprised of agricultural lands except those contained in the Plot No. 1049. According to him in the records of right the Plot No. 1049 has been described as "jala" and "khana". He further submitted the land contained in Plot No. 339 also recorded as "jala" land in terms of the local language but the same is actually a paddy field. It is the further case of the petitioner that the First Information Report which has ended in charge-sheet has been lodged by the Block Land and Land Reforms Officer, Daspur II on March 29, 2007 but the said Block Land and Land Reforms Officer is not legally empowered to make such complaint and according to the provisions of Section 4d (2) of the said Act it is not permissible for the court to take cognizance of commission of offences punishable under the said Act except upon a complaint made by the Collector concerned. It is vehemently urged that the petitioner has not made any change in respect of the nature and character of the land in question, which he has been cultivating with other members of the family from long back. It is his further submission that no convincing document has been filed along with the First Information Report in support of the allegations made therein that actually the nature and character of the land has been changed in any manner whatsoever or altered. Mr. Bhattacharya in support of his contention relied on the decision, viz. Paschimbanga Bhumijibi Krishak Samity and Ors. Vs. State of West Bengal and Ors. , reported in (1996) 2 CLJ 285 and submitted that the provisions of the Section 4c and 4d of the West Bengal Land Reforms Act has been declared ultra vires by this this Hon'ble Court in its aforesaid decisions.