BALARAM LAYEK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petition is presented challenging the order dated 7th January, 2019 passed by the Fourth Bench of the West Bengal Land Reforms and Tenancy Tribunal (hereinafter the Tribunal) on an original application preferred by the respondents 5, 6, 8 and 9 [O.A. 94 of 2010 (LRTT)]. In such original application, the respondents 5, 6, 8 and 9 had questioned the order of the appellate authority dated 27th August, 2009, whereby an appeal preferred by the respondents 5 and 6 under section 54 of the West Bengal Land Reforms Act, 1955 (hereinafter the Act of 1955) stood dismissed. The challenge in the appeal was to a final order passed on Barga Case No. 9 of 2004, instituted at the instance of the writ petitioner.

(2.) The writ petitioner claiming as bargadar over and in respect of the plots of land measuring 4.11 acres situated in Mouza Sehera - Amra under R.S. Plot No. 3561, 3547 and 3047 of Khatian No. 839 in the district of Purulia, lodged an application dated 11th June, 2004 before the Block Land and Land Reforms Officer, Purulia II (hereafter the BL & LRO), thereby initiating proceedings under section 21-D read with section 50(e) of the said Act of 1955. It was registered as Barga Case No. 9 of 2004. The case made out in the said application was that, one Sasanka Sekhar Layek was cultivating the land as described above, owned by one Raj Rajeshwari Prasad Sing Deo (since deceased); that, amiable relations persisted between Sasanka Shekhar and Raj Rajeshwari; that, without issuance of any receipt by Raj Rajeshwari to Sasanka Shekhar against delivery of share of produce of the said land, Sasanka Shekhar went on cultivating the land in question and used to deliver the share of crops; that, by efflux of time Sasanka Shekhar became old and with the approval of Raj Rajeshwari, the former inducted his son Balaram Layek to cultivate the said plots of land and the arrangement was accepted by the land owner; that, pursuant thereto, Balaram, the writ petitioner, continued to cultivate the land and delivered share of produce of the land to the land owner; and that, in the month of December 2002, Raj Rajeshwari died and consequently, the plots of land in question devolved on the private respondents herein but the same system of delivering share of produce of the land to the private respondents continued for some time without issuance of any receipts from their end. Upon deriving information that the private respondents were selling out those plots of land, the writ petitioner was compelled to initiate proceedings under section 21-D read with section 50(e) of the said Act of 1955 which gave rise to the aforesaid barga case.

(3.) While adjudicating Barga Case No. 9 of 2004, BL & LRO held a field inquiry on the plots of land in question with the help of an Amin on 12th January, 2005. This was preceded by service of notice upon all the parties to the said proceedings, as is recorded in an order dated 6th January 2005 of the BL & LRO. On 12th January, 2005, though the writ petitioner remained present, the respondents 5 to 9 did not attend the aforesaid inquiry. The BL & LRO during inquiry obtained statements of the cultivators of adjoining plots of land and as per the endorsement of the BL & LRO, those statements corroborated the claim of the writ petitioner that he has been delivering the share of produce of the lands in question to the raiyats. After holding the inquiry on 12th January 2005, hearing of the matter was fixed on 14th January, 2005. It appears from the order-sheet dated 14th January, 2005 of the BL & LRO that both the parties to Barga Case No. 9 of 2004 participated in the proceedings on 14th January 2005 before him. Ultimately, the BL & LRO disposed of Barga Case No. 9 of 2004 deciding the issue in favour of the writ petitioner, declaring him as bargadar in respect of the plots of land in question and based on his order dated 3rd March, 2005, a Bargadar Certificate in Form No. 8B under Rule 21(2) of the West Bengal Land Reforms Rules 1965 (hereinafter the Rules of 1965) was issued to the writ petitioner on 28th March, 2005.