person is a thika tenant
or not or whether the land in question is thika land or not, the Controller,
either on his own motion ... thika tenancy right and naturally
Section 21 of Thika Tenancy Act shall come into play. Section 21 of the
Thika Tenancy Act clearly speaks
promulgation of
the Calcutta Thika Tenancy (Acquisition and Regulation)
3
Act, 1981, the power was not conferred upon the Thika
Controller to declare the status ... thika tenant or the property is comprised in thika.
As indicated above, the power and jurisdiction of the
Thika Controller was conferred when the West
Regional Thika Controller & Ors on 22 March, 2013
Author: Harish Tandon
Bench: Harish Tandon ... Arati Halder & Ors.
8 Vs.
The Regional Thika Controller & Ors.
Mr. Shyamal Chakraborty
Mr. Bhusan Jain
... For the Petitioners
This is an application
enjoy the usufruct therefrom.
Admittedly, the respondent no. 1 approached the
Thika Controller ... claiming that the properties is
comprised in thika tenancy and he is a thika tenant. The
Thika Controller passed an order declaring his right, title
whether the said
property is recorded as thika tenanted property or
not.
Curiously enough the Thika Controller
furnished an information that the said premises
appears ... Section 5(3) of the
West Bengal Thika Tenancy (Acquisition and
Regulation) Act, 2001 the Thika Controller is the
competent authority to determine the same
delay. It has been averred that the proceeding before the
Thika Controller was concluded and reserved for
judgment way back in the year ... taking into account the representation filed
by the petitioner before the Thika Controller, Kolkata.
The Tribunal is of the view that the defence was taken
respondent no. 4.
The respondent no. 4 approached the Thika
Controller seeking ... adjudication of its status as
thika tenant, which was eventually allowed. The order
of the Thika Controller was challenged before the West
Bengal Land Reforms
West Bengal Thika Tenancy (Acquisition and Regulation) Act,
2001. Such power has been vested upon the thika controller and in view of the
exclusion ... Corporation.
The Corporation is directed to communicate this order to the thika
controller within two weeks from date.
With this observation, the writ petition
Court that any
matter touching the thika tenanted property is
required to be adjudicated by the Thika
Controller and the Civil Court's jurisdiction ... that any matter which touches the thika tenancy
is required to be heard and determined by the
Thika Controller.
The Court should always upheld
application for condonation of
delay, can be sustained.
Admittedly the Thika Controller conclusively heard
the matter on 12.04.2019 but did not indicate the date ... that the learned Advocate did not attend the
office of the Thika Controller due to his illness relatable to
the old-age and finally when
