ABDUL LALIF MONDAL Vs. STATE & ORS.

JUDGEMENT

(1.) This is an application under Art. 227 of the Constitution of India challenging the decision passed by the Deputy District Land and Land Reforms Officer, North 24-Parganas, Barasat in B/Appeal Case No. 34 of 1993 arising out of Barga Case No. 25 of 1993 of Mouza-Natagram.

(2.) The present petitioner filed an application on 15th March, 1993 before the Revenue Authority for recording his name as bargadar on the basis of the possession is terms of Sec. 21B of the West Bengal Land Reforms Act. He stated that he was cultivating the land for long years under Johara Khatun Bibi. It should not be ignored that the entire land was belonged to Dinali Sardar and Johara Khatun Bibi is one of the co-heiress of Dinah Sardar along with ether co-heirs having 1/4th share of the property. The petitioner's wife was also the co-heiress but the petitioner only claimed to be recorded as barge-dar in respect of the share of Johara Katua Bibi while his petition was pending before the Revenue Authority, it is alleged that he dispossessed by the present private opposite parties, who purchased i the shares, after the filing of the application for recording of Johara Khatun Bibi on 26th March, 1993, and thereafter dispossessed the present petitioner,

(3.) An enquiry was held by the Revenue Authority and during enquiry, evidence was also recorded as adduced from both the sides end enquiring authority was pleased to dismiss the prayer for recording the name of the petitioner as bargadar only on the ground that the petitioner was not in possession since the purchase by the private opposite parties. This conclusion of the report supports the case that after the purchase, the petitioner was dispossessed. Whatever it may be, against that order, an appeal was preferred before the Deputy District Land and Land Reforms Officer, but the Deputy District Lead and Land Reforms Officer simply echoed the concluding portion of the judgment of the enquiring authority that the order passed by the enquiring authority rejecting the recording of the name of the petitioner : as bargadar cannot be entertained, as he was not in possession at that time.