DHARAM NATH SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Assailing the order dated 5th Oct., 2016 passed in M.A No.399 of 2013, arising out of O.A No.2050 of 2012 (LRTT) as well as the order dated 21st Jan., 2013 in O.A No.2050 of 2012 (LRTT), this application under Art. 226 of the Constitution of India has been filed by the applicant of the original application.

(2.) Relevant part of the impugned order dated 5th Oct., 2016 in M.A No.399 of 2013 runs thus:-

(3.) It is the case of the petitioner that one Gokul Kumari Devi, since deceased, wife of late Jagdish Kishore Lal Singh was an intermediary and superior owner of RS plot Nos.601, 602 and 606 comprised in R.S khatian No.161, ijja 2 Mouza-Kalipahari, JL No.36 within P.S Asansol, District- Burdwan. For the sake of convenience, the above mentioned landed properties are mentioned as 'case land' hereinbelow. However, the predecessor-in-interest of the present petitioner, namely, Banka Singh and his brothers had been possessing the case land uninterruptedly, continuously and adversely to the interest of the superior owner for more than twenty years before coming into force of the West Bengal Estates Acquisition Act, 1953 (hereinafter 'the said Act') and thereby acquired title over the case land. After the death of the father of the petitioner and his other brothers, he has acquired title over the case land by adverse possession. Further case of the petitioner is that during R.S operation, the names of the father of the petitioner and his three brothers were recorded as 'Anumati Dakhal' in respect of the case land erroneously which prompted them to file an objection case No.54 before the competent authority under Sec. 44(1) of the said Act praying for recording their names as 'Jabar Dakhal' by correction of Record of Rights. The said objection case having been dismissed, the predecessor-in-interest of the petitioner and his brothers filed an application under Sec. 44(2a) of the said Act before the Assistant Settlement Officer, Asansol Settlement Camp for correction of the relevant Record of Rights. However, by an order dated 18th Jan., 1961, the A.S.O, Asansol rejected the said application. Against the said order, the erstwhile occupiers preferred an appeal which was registered as EA Appeal No.271 of 1961 before the learned Additional District Judge, Asansol. The said appeal was disposed of by a judgment and order dated 5th April, 1962 directing the A.S.O to cause necessary correction of the names of the appellants/occupiers in column No.23 as 'Jabar Dakhal'.