LAWS(CAL)-1999-3-42

SHYAMAPADA BERA Vs. STATE OF WEST BENGAL

Decided On March 16, 1999
SHYAMAPADA BERA Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) -In this writ petition, a prayer is made for issuance of a Writ of Mandamus seeking direction upon the respondents to set aside the impugned order of vesting being Order No.8 dated 21st December, 1995 in respect of the petitioners' properties describing in paragraph 17 of the writ petition passed in Suo Motu 7AA Case No.3 of 1995. The writ petitioners have made out their case in paragraph 17 of the writ petition, where it has been specifically averred that out of the Schedule "A" property, the Revenue Officer vested the properties of the petitioners which have been delineated therein. It appears from the reading of the impugned order that the big raiyat, Atindra Narayan Maity, is absent though he received notice of this case by registered post with A/D. The retained land of the Schedule measuring area of 22.49 acres of land where reference about the vesting land measuring about 16.94 acres of land. It has been ordered that the said 16.94 acres of land covered by Schedule "B" are declared to have been vested to the State under section 14S of the West Bengal Land Reforms Act, 1955 with effect from 15th February, 1971 and non-agricultured land is vested with effect from 7th September, 1980 under section 14S of the said Act.

(2.) It may be pointed out in this context that in the background of the proceeding, it should be mentioned that an order was passed by this court on 9th April, 1996 in C.O. No. 3776(W) of 1996 to direct the petitioners to file 7AA form and the respondents have been directed to maintain status quo.

(3.) The present writ petitioners contend that their precessors have purchased a residuary portions of land from the vendors on 20th February, 1963. There are three principal points raised by the Advocate appearing on behalf of the petitioners in support of the writ petition. The writ petitioners have contended before this court that no adverse inference has been drawn against the writ petitioners for non-filing of the return in view of the pre-fix of the language of section 14T(1) of the West Bengal Land Reforms Act, which provides that every raiyat owning land in excess of the ceiling area shall furnish to the Revenue Officer and according to the writ petitioners, the writ petitioners are the only raiyat to exercise their choice of formation of their opinion as to whether they are possessing the land beyond the ceiling. If the raiyat is of the view that he holds land below the ceiling, therefore, for non-filing of return, no adverse inference is capable of being drawn. However, in the wake of non-filing of the return, a Suo Motu proceeding has been started by the concerned authority in terms of section 14T(3A) and the proceeding was initiated on the own motion of the concerned authority and according to the contention of the petitioners, the purchase date is before the cut off date i.e. 7.8.69. Accordingly, such transferee purchaser is required to be served with the notice and in support of the said contention, reference was drawn to section 14P of the West Bengal Land Reforms Act.