Calcutta High Court (Appellete Side)
21/2003 on 22 June, 2011
Author: Pratap Kumar Ray
Bench: Pratap Kumar Ray
1
22.6.2011
ks W.P.L.R.T. 21 of 2003
Mr. Lalit Mohan Mahata
... For the State.
Pratap Kumar Ray, J.
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None appears for the petitioner to press this application. Earlier
matter was adjourned as none appeared for the petitioner. Hence we are
proceeding ex parte against the petitioner in presence of the State Advocate.
Heard learned Advocate appearing for the State.
From the order dated 13th May, 2003 passed by the Division Bench
(Coram: Aloke Chakrabarti, J. and Joytosh Banerjee, J. as Their Lordships
then were) it appears that application for restoration of writ application which
stood dismissed on 7th April, 2003, registered as C.A.N. 3813 of 2003, was
disposed of along with an application under Section 5 of the Limitation Act
registered as C.A.N. 206 of 2003 praying condonation of delay to file the
restoration application. Since by the order dated 13th May, 2003 the said
Division Bench allowed the restoration application C.A.N. 3813 of 2003, it is
implied that delay to file the said application was condoned by necessary
implication. Hence the C.A.N. 3813 of 2003 stands disposed of impliedly by
earlier order of Division Bench aforesaid.
Now W.P.L.R.T. 21 of 2003 is taken up for hearing.
None appears for the petitioner to press this application. Learned
Advocate for the State is present.
2
Impugned order dated 23rd September, 2003 passed by the learned
Tribunal below reads such:
ORDER
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"23.09.2002.
Heard both sides at length.
The father of the applicants transferred lands in favour of their sons between 05.05.1953 and the date of vesting as applicable to Islampur Sub- Division which came to this State being transferred from Behar. Enquiries were held under Section 5A of the West Bengal Estate Acquisition Act and the transfers were held to be not bona fide. The transfers thus stood cancelled under Section 5A(2) of the Act. The transferred lands reverted to the transferor father. Consequential action was taken in a proceeding under Section 45A of the Act, and surplus land of the father vested in the State.
The applicants instituted a title suit to challenge the order of vesting and lost. They preferred appeal and again lost. They went to the High Court in second appeal and lost, too.
They then filed the instant writ petition on the ground that the West Bengal Estates Acquisition Act, is not applicable to the lands which have come from Behar.
Long before filing of this writ petition the High Court held in Devi Mata's case AIR 1973 Cal 171 that Chapter VIII of the West Estates Acquisition Act was inserted for the application of the Act to transferred Territories and the West Bengal State Legislature was competent to project the provisions of the Act to Transferred Territories.
The instant writ petition having been filed long after the decision of the High Court on the same matter is not maintainable. The writ petition being C.R. No.8521 (W) of 1990 renumbered as T.A. 581/2001 (LRTT) is dismissed.
Let a plain copy of this order duly countersigned by the Principal Officer of the Tribunal be made over to the Govt. Representative for communication to the Block Land and Land Reforms Officer, Karandighi, Uttar Dinajpur and xerox certified copy to the applicants, if applied for on payment of requisite court fees."
On a bare reading of the said order, it appears that the petitioner purchased land within prohibitory period of sale in terms of the West Bengal Estate Acquisition Act namely within the period 5th May, 1953, the date of vesting. An enquiry was made under Section 5A of the said Act and it was 3 held that transfer was not bona fide. Accordingly, land was considered as the land of the vendor by cancelling the said deed under Section 5A (2) of the said Act. Thereafter a proceeding initiated to find out the surplus land under Section 45A of the said Act and excess land wherein the present concerned land was included, stood vested. Assailing the said order, the petitioner exhausted forums, namely Civil Suit, thereafter First Appeal and ultimately Second Appeal in the High Court unsuccessfully. Long thereafter the petitioner moved the writ application assailing the applicability of the West Bengal Estate Acquisition Act so far as concerned land, on the plea that it was transferred land from State of Bihar under the scheme for transfer of territories in between two States, West Bengal and Bihar. The learned Tribunal has answered that point relying upon the case Devi Mata reported in AIR 1973 Cal. 171 holding, inter alia, that the West Bengal Estate Acquisition Act is applicable.
Having regard to the factual matrix of the case and the fact that even in the Second Appeal stage in High Court assailing the order of vesting the petitioner became unsuccessful, there was no scope to reopen the matter in the writ application further which was transferred to the learned Tribunal below for hearing when the Land Tribunal was constituted. In view of aforesaid findings and observations, we are not interfering with the impugned order. The writ application stands dismissed. No order as to costs.
Let this order be communicated to the petitioner by High Court Registry. 4
(Pratap Kumar Ray, J.) I agree.
(Md.Abdul Ghani, J.)