Calcutta High Court (Appellete Side)
95/2011 on 4 July, 2011
Author: Pratap Kumar Ray
Bench: Pratap Kumar Ray
1
4. 7.
2011
skm W.P.L.R.T. 95 of 2011
Mr. Jagadish Das,
Mr. Benoy Kr. Das ... For the petitioner.
Mr. Lalit Mohan Mahata ... For the State
respondent.
Heard the learned Advocates appearing for the parties.
Assailing the order dated 27th January, 2011 passed by the West Bengal Land Reforms and Tenancy Tribunal, First Bench in O.A. No. 2360 of 2009 (LRTT), this writ application has been filed.
The impugned order reads such.
" Case No. O.A. 2360 of 2009 (LRTT)
27.01.11
We have heard the Ld. Counsel for the petitioner and the Ld. Government Representative.
Regarding maintainability of the case Ld. Government Representative submits that this case is not maintainable as the petitioner never appointed the B.L. & L.R.O. concerned. However, only one demand of justice was sent through the Ld. lawyer.
We have mentioned in order dated 25.11.2010 that demand of justice is not the appeal by the person concerned. Without filing proper application, the question of sending demand of justice does not arise.
However, in the midst of hearing the copy of the application is filed which goes to show that the petitioner approached the B.L. & L.R.O on 10.09.2008 with a prayer.
2It is the prayer of the present petitioner that his possession has been admitted by the State which is apparent on the basis of report submitted by the authority which is at page 39.
The attention of this Bench was drawn to page 40 which is annexure 'C' and on the basis of the same it is submitted that the report submitted by the authority be given into effect.
It goes without saying that as per Land Reforms Act, a person can possess the land by two ways a) either by possessing it personally or b) through the Bargadar.
The circular which is at page 14 clearly provides that the mode of noting the name of a third person as 'Anumati Dakhaldar' is not recognised by the Act.
However, the B.L.& L.R.O is directed to dispose of the said application which was received on 10.09.2008 keeping it in mind the circular being No. 5 dated 14.05.1975 issued by the Office of the Settlement Officer, Government of West Bengal at page 40. The said proceeding should be disposed of within six months from the date of communication of this order.
The petitioner is directed to serve copy of this order along with the copy of the application with annexure thereto upon the authority concerned within 15 days from the date of receipt of the copy of the order.
The O.A. No. 2360 of 2009 (LRTT) is thus disposed of accordingly.
Let a plain copy of this order duly countersigned by the Principal Officer of this Tribunal be made over to the Ld. Govt. Representative for communication to the authority concerned for information and xerox certified coy of the order, if applied for by the petitioner, be delivered subject to payment of requisite court fees.
Sd/- P.S.Banerjee C.R.Das."
On a bare reading of the order, it appears that learned Tribunal below directed the Land Revenue Officer to dispose of the application filed by the present writ petitioner raising his grievance.
3In view of such position, there is no scope for judicial review.
The writ application stands dismissed.
(Pratap Kumar Ray, J.) (Md. Abdul Ghani, J.)