Section 57B in West Bengal Estates Acquisition Act, 1953
57B. [ Bar to jurisdiction of Civil Court in respect of certain matters.(1) Where an order has been made under sub-section (1) of section 39 directing the preparation or revision of a record-of-rights, no Civil Court shall entertain any suit or application for the determination of rent or determination of the status of any tenant or the incidents of any tenancy to which the record-of-rights relates, and if any suit or application, in which any of the aforesaid matters is in issue, is pending before a Civil Court on the date of such order, it shall be stayed, and it shall, on the expiry of the period prescribed for an appeal under sub-section (3) of section 44 or when an appeal has been filed under that sub-section, as the case may be, on the disposal of such appeal, abate so far as it relates to any of the aforesaid matters.
(2)No Civil Court shall entertain any suit or application concerning any and or any estate, or any right in such estate, if it relates to(a)alteration of any entry in the record-of-rights finally published, revised, made, corrected or modified under any of the provisions of Chapter V,(b)a dispute involving determination of the question, either expressly or by implication, whether a raiyat or an intermediary, is or is not entitled to retain under the provisions of this Act such land or estate or right in such estate, as the case may be, or(c)any matter which under any of the provisions of this Act is to be, or has already been, enquired into, decided, dealt with or determined by the State Government or any authority specified therein, and any such suit or application which is pending before a Civil Court immediately before the commencement of the West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Bengal Act No. 33 of 1973), shall abate so far as it relates to all or any of the matters referred to in clause (a), clause (b) or clause (c).(3)Any dispute referred to in clause (b) of sub-section (2) may be decided by a Revenue Officer not below the rank of an Assistant Settlement Officer, specially empowered by the State Government in this behalf, who shall dispose of the same in such manner as may be prescribed :Provided that in deciding a dispute under this sub-section the Revenue Officer shall not re-open any matter which has already been enquired into, investigated, determined or decided by the State Government or any authority under any of the provisions of this Act.(4)Any person aggrieved by a decision of the Revenue Officer made under sub-section (3) may appeal to the prescribed authority not below the rank of a Settlement Officer, within such time, in such manner and subject to payment of such fees as may be prescribed.(5)A decision made by the Appellate Authority under sub-section (4) shall be final.Explanation.In this section(i)suit includes an appeal, and(ii)an authority includes an authority to hear an appeal.][Section 57B Inserted by Section 5 of the West Bengal Estates Acquisition (Second Amendment) Act, 1973 (West Bengal Act No. 33 of 1973).]
