Calcutta High Court (Appellete Side)
Smt. Gouri Mondal vs State Of West Bengal & Ors on 23 July, 2014
Author: Jyotirmay Bhattacharya
Bench: Jyotirmay Bhattacharya
23.7.2014
ac
W.P.L.R.T. 201 of 2014
Smt. Gouri Mondal
-versus-
State of West Bengal & Ors.
Mr. Ramapati Roy,
Ms. Miru Hazra.
... For the Petitioner.
Dr. Indrajit Mondal,
Mr. Amit Banerjee,
Mr. Subal Basak.
... For the Respondent No. 5.
Mr. Lalit Mohon Mahata.
... For the State.
Two orders both dated 13th March, 2014 passed by the West Bengal Land Reforms & Tenancy Tribunal, 1st Bench, in Case No. M.A. 690 of 2012 and M.A. 218 of 2013 respectively are challenged in this writ petition by the petitioner who was the respondent no. 4 before the Learned Tribunal.
By the order passed by the Learned Tribunal on 13th March, 2014 in M.A. 690 of 2012, the review application which was filed by the applicant being M.A. No. 690 of 2012 was rejected by the Learned Tribunal.
By the other order passed by the Learned Tribunal on 13th March, 2014 in M.A. No. 218 of 2013, the Learned Tribunal rejected the original application filed by the petitioner being O.A. No. 852 of 2013 (LRTT) by holding interalia that since the order passed by the Sub-Divisional Officer in connection with the execution proceeding is appealable under the West Bengal Land Reforms Act, 1955; the original application filed before the tribunal is not maintainable. While rejecting the said original application, the Learned Tribunal observed that if the applicant is aggrieved by the order passed by the Sub-Divisional Officer on 3rd January, 2013, he may prefer an appeal against the said order in accordance with law within one month from the date of getting the certified copy of the said order. These two orders passed by the Learned Tribunal in two different proceedings are under challenge in this writ petition before us.
Mr. Roy, Learned Advocate, appearing for the petitioner submits that his client does not intend to challenge the legality of the order passed by the Learned Tribunal on 13th March, 2014 in M.A. 690 of 2012. He, thus, abandons his challenge with regard to the legality of the said order dated 13th March, 2014 passed by the Learned Tribunal in M.A. 690 of 2012. Thus, we need not consider the legality of the said order in the present writ petition.
Let us now concentrate on the order passed by the Learned Tribunal on 13th March, 2014 in M.A. No. 218 of 2013.
The respondent no. 5 was a bargadar under the writ petitioner. An eviction order was passed by the Revenue Officer against the said bargadar. The order of eviction passed by the Revenue Officer against the respondent no. 5 was executed by the Sub-Divisional Officer as per the provision contained in Section 20(2) of the West Bengal Land Reforms Act, 1955. A cultivator has also been inducted as bargadar in the land-in- question by the Revenue Officer. The legality of the order passed by the Sub-Divisional Officer on 3rd January, 2013 in the said execution proceeding was sought to be challenged by the respondent no. 5 before the Learned Tribunal. The Learned Tribunal held that such an order is appealable under the West Bengal Land Reforms Act, 1955. As such, the tribunal application was rejected. Leave was granted to the applicant to prefer an appeal against the said order within a time bound period.
Mr. Roy, Learned Advocate, appearing for the petitioner submits that the order passed by the Sub-Divisional Officer in the execution proceeding is not appealable. As such, according to him the Learned Tribunal ought not to have granted leave to the applicant to prefer an appeal.
Dr. Mondal, Learned Advocate, appearing for the respondent no. 5 submits that all orders passed by the authority under the West Bengal Land Reforms Act, 1955 are appealable under Section 54 of the West Bengal Land Reforms Act, subject to any special provision for appeal made under the said Act or in any rule made under the said Act. Dr. Mondal, thus, submits that since no provision for appeal against the order of Sub-Divisional Officer passed in an execution proceeding is provided under Chapter - III of the West Bengal Land Reforms Act, any order which will be passed by the Sub-Divisional Officer in execution proceeding under Section 20(2) of the said Act is appealable under Section 54 of the said Act.
We find substance in such contention of Dr. Mondal and accordingly, we hold that the Learned Tribunal did not commit any illegality by holding that the order passed by the Sub-Divisional Officer on 13th January, 2013 is appealable under the said Act.
We do not find any infirmity in this part of the order of the Learned Tribunal. Accordingly, we hold that this writ petition deserves no merit for consideration.
The writ petition, thus, stands rejected.
(Jyotirmay Bhattacharya, J.) (Ishan Chandra Das, J.)