Calcutta High Court (Appellete Side)
Bhabi Rani Mahata & Anr vs State Of West Bengal & Ors on 25 July, 2018
Author: Protik Prakash Banerjee
Bench: Protik Prakash Banerjee
Form No.J(2)
IN THE HIGH COURT AT CALCUTTA
Constitutional Writ Jurisdiction
Appellate Side
Present : The Hon'ble Mr Justice Protik Prakash Banerjee
W.P.No.2570(W) of 2018
Bhabi Rani Mahata & Anr.
-vs-
State of West Bengal & Ors.
Ms. Kavita Rani ....for the petitioners
Mr. Santanu Kumar Mitra
Mr. Mirza Kamruddin ...for the State
Heard on : July 25, 2018
Judgment on : July 25, 2018
Protik Prakash Banerjee, J: The writ petitioners are widows of those who
were admittedly patta holders of their lands. On the death of their husbands, as
legal heirs they became respective owners/joint owners of the respective lands in
question along with other heirs, if any.
The case is this. The writ petitioners have fallen on hard times and one of
them suffers from brain tumour, while the other suffers from renal ailments, and
they have said on oath that they do not have money for treatment and necessary
procedures. On that grounds they have sought permission to cut down valuable
trees on the lands of which they are in possession and on which the trees are on
the boundary of forest land within their possession and covered by the patta
aforesaid.
The Beat Officer by a letter dated July 3, 2017 addressed to the Block and
Block Reforms Officer, Salboni (at p.19 of the WP) considering the
representations of the writ petitioners has communicated that the pattas in
question do not stand in the name of any of the petitioners. However, he has not
considered that the pattas being documents of title to the lands are capable of
being relied upon by the writ petitioners for devolution of title on intestacy of
their respective husbands.
Therefore, considering the urgent need of two poor citizens - the writ
petitioners in this petition - abandoned to the fate of countless, helpless widows
on the death of their husbands, I consider it fit and proper to direct the
appropriate authority being the Block Land and Land Reforms Officer, Salboni,
the sixth respondent, to consider and dispose of the applications of the writ
petitioners treating them to be the owners of the said lands in view of my above observations, in accordance with law by passing a reasoned order.
Though I have not called for any affidavits, on the pure question of law relating to the status of the writ petitioners in respect of the said lands I have held that they are the owners of the lands on the basis of the admitted position that the pattas were in the name of their respective deceased husbands. I have decided nothing else on merits and the sixth respondent shall be entirely free to decide the prayers of the writ petitioners for being allowed to cut down the trees and arrange for their sale for funding the petitioners' medical treatment. The entire exercise shall be completed within a period of fortnight from the date of communication of this order. Logical conclusion shall be given thereto along with the communication of the reasoned order within a further period of three days from taking such decision.
I expect that the sixth respondent while exercising his discretion shall remember that true justice is always tempered by mercy.
The writ petition is accordingly allowed. No costs.
Certified website copy of this order, if applied for, shall be given to the parties.
(Protik Prakash Banerjee, J) Subrata