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State of West Bengal - Section

Section 26A in Calcutta Thika Tenancy Act 1949

26A. [ Power of District Judge and Chief Judge, Court of Small Causes of Calcutta to withdraw and transfer proceeding.—(1) On the application of any of the parties and after noise to the parties and after hearing such of them as desire to be heard, or of his own motion without such notice, the District Judge in the case of the proceeding pending before a Controller appointed for any area within the district, or the Chief Judge of the Court of Small Causes of Calcutta in the case of a proceeding pending before a Controller appointed for any area within the Presidency town of Calcutta, may at any stage withdraw such proceeding and transfer it for hearing or disposal to a Controller appointed for any other area within the district or within the Presidency town of Calcutta, as the case may be, or re transfer it for hearing or disposal to the Controller from whom it was withdrawn.

(2)The Controller to whom any proceeding has been transferred under sub-section (1) shall have the same power to hear or dispose of it as the Controller from whom it was withdrawn and may, subject to any special directions in the order of transfer, either rehear it or proceed from the point at which it was withdrawn and transferred.Explanation.—In this section "proceeding" includes any proceeding arising out of an application made to the Controller under the provisions of this Act.] [Section 26A inserted by West Bengal Act No. 6 of 1964.]