Calcutta High Court (Appellete Side)
Basudev Guchait & Ors vs The State Of West Bengal & Ors on 13 May, 2010
Author: Pratap Kumar Ray
Bench: Pratap Kumar Ray
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Cl/ 13.5.10 W.P.L.R.T. 41 of 2010
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Basudev Guchait & Ors
-vs-
The State of West Bengal & Ors
Mr. Ramapada Pal
Ms. Indrani Pal ... For Petitioners
Mr. Abdul Alim
Mr. Chinmay Kumar Ghosh ... For Respondent No. 6
Mr. Fazlul Haque Mr. Ziaul Islam ... For State Heard the learned Counsel for the parties. Assailing the order dated 18th January 2010 Passed in O.A. 2866/2004 (LRTT) by West Bengal Land Reforms & Tenancy Tribunal; this writ application has been filed. By the impugned order, learned Tribunal below rejected the original application on the ground of limitation. Learned Tribunal held that the original application was moved assailing the order dated 14th January 2004 passed by the appellate authority.
From the factual matrix it appears that the present petitioners challenged the order of Block Land and Land Reforms Officer whereby the name of the respondent no. 6 was allowed to be incorporated as in permissive possession of the concerned plot no. 2180 of Mauja Santipur which was purchased by the present writ petitioner from one Sri Loknath Mondal.
The order of Block Land and Land Reforms Officer was challenged in the appeal which stood rejected but the appellate authority, by the said order on 14th January 2004, corrected the impugned order by declaring 2 the status of respondent no. 6 herein as a raiyat in respect of the concerned land on application of the West Bengal Acquisition of Homestead Land For Agricultural W.P.L.R.T. 41 of 2010 Labourers, Artisans and Fishermen Act, 1975.
It is the contention of the writ petitioner that the order of 14th January 2004 has not been challenged because certified copy of the order till now has not been received. Since on the basis of the order of appellate authority, the revenue officer proceeded to issue a notice, the same was challenged before the learned Tribunal below.
It further appears from the records that the respondent no. 6 had earlier moved similar application under the West Bengal Acquisition of Homestead Land For Agricultural Labourers, Artisans and Fishermen Act, 1975 which was registered as Homestead Case No. 2 of 1997 but the same stood dismissed and subsequent to the dismissal order, Loknath sold out the property to the present petitioner. Respondent no. 6 admittedly did not challenge that order. Respondent no. 6, in his rejoinder filed before the Tribunal, in paragraph 7 admitted this fact that a proceedings was initiated and it was dismissed on technical ground.
Hence, having regard to the factual matrix, we are of the view that the learned Tribunal ought to have considered the issue about maintainability of further application under the said West Bengal Acquisition of Homestead Land For Agricultural Labourers, Artisans and 3 Fishermen Act, 1975, once a proceedings, initiated earlier, stood dismissed. The appellate authority as well as the original authority did not consider the issue of maintainability.
For effective adjudication of the matter, this Court is of the view it requires exchange of affidavits and disclosure of the order passed in Homestead Case No. 2/1997 by respondent no. 6, including the application as W.P.L.R.T. 41 of 2010 filed before the appellate authority.
The application is accordingly admitted for hearing.
Let there be an affidavit-in-opposition by two weeks after the Summer Vacation, reply, if any, by two weeks thereafter and the mater will appear four weeks ac after the Summer Vacation.
Till final disposal of the writ application, there will be stay of the impugned order passed by the learned Tribunal below, effect of the impugned notice as moved before the learned Tribunal as well as effect of the order, passed in pursuance to that notice, if any.
Respondent no. 6 is directed to annex the order of the Homestead Case No. 2/1997 in his affidavit- in-opposition.
Urgent xerox certified copy, if applied for, be supplied to the parties on priority basis.
(Pratap Kumar Ray, J.) (Mrinal Kanti Sinha,J) 4