Calcutta High Court (Appellete Side)
809/2004 on 13 June, 2011
Author: Pratap Kumar Ray
Bench: Pratap Kumar Ray
13.6.2011. W.P.L.R.T. No. 809 of 2004
Pratap Kumar Ray, J.
None appears.
Assailing the order dated 14th June, 2004 passed in M.A. No. 350 of 2003 (O.A. No. 2017 of 2007)/LRTT by the West Bengal Land Reforms and Tenancy Tribunal, this writ application has been filed.
The impugned order reads such:-
"14.06.2004 Both sides are present and heard both of them.
Affidavit-of-service filed by the Ld. Advocate for the applicant be kept with the records.
The application for correction of the description of B.L. & L.R.O. that is respondent no. (2) filed by the Ld. Advocate for the applicant be kept on record.
The report submitted by the B.L. & L.R.O., Bhagwanpur-II to this tribunal through the Ld. G.R. be kept on record.
The Ld. Advocate has drawn our attention at page 5 to the application for correction of the description of the respondent from which it appears that the B.L. & L.R.O., Bhagwanpur-II, Dist. Purba Midnapore has issued a notie dated 27.11.2002 for compliance of the order of the tribunal passed in O.A. 2107/2002/LRTT dated 23.08.2002. But after issuance of such notice, the B.L. & L.R.O. has not completed the hearing and passed any 2 order. At this stage the Ld. Govt. Representative has submitted a copy of final order passed by the B.L. & L.R.O., Bhagwanpur-II, Dist. Purba Midnapore on 18.12.2002 in Misc. Case No. 38/LRTT/Bhag-II of 2003. A copy of the report has been handed over to the Ld. Advocate for the applicant by the Ld. G.R. during hearing.
It appears from the proceeding of the B.L. & L.R.O. that the B.L. & L.R.O. has refused to correct the R.C.R. u/s. 51B of the W.B.L.R. Act as the matter relates to Section 6(1) (e) of the W.B.E.A. Act, 1953. This necessarily implies that the subject land is a tank fishery and the R.S. R.O.R. has to be changed if such change is at all justified. Under no circumstances the issue comes under the ambit of the W.B.L.R. Act. If the matter is under the provision of the W.B.E.A. Act the consequential correction can be effected u/s. 51A(4) of the W.B.L.R. Act since RORs of the mouza are finally published and Section 51B applies at any stage prior to the final publication of Record of Rights of the mouza. It further appears from the proceedings that the subject land vested in the State u/s 4 and 5 of the W.B.E.A. Act and the beneficiary did not retain the same by submitting return in Form-B. Since the matter is out of the purview of Section 51B of the W.B.L.R. Act the B.L. & L.R.O. has correctly passed his order complying wit the order of the tribunal passed in O.A.- 2017/2002 which is again arising from writ petition No. 16067 (W) of 1999. The contempt 3 application being Misc. case No. 250 of 2003 thus stands disposed of".
On a bare reading of the impugned order, it appears that in a contempt proceeding learned Tribunal below did not interfere and dispose of the contempt application.
Having regard to the tenor of the order, we are not finding any merit to disturb the order exercising power of judicial review.
The writ application stands dismissed. There will be no order as to costs.
(Pratap Kumar Ray, J.) I agree.
(Md. Abdul Ghani, J.) sks.