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2002 DIGILAW 159 (CAL)

Indu Bhusan Giri v. State of West Bengal

2002-03-08

Alok Kumar Basu, Altamas Kabir

body2002
JUDGMENT The Court: The facts of this case are covered by our decision in the case of Sm. Sabita Mukherjee and ars. vs. State of West Bengal and ars., reported in 2002 Vol. 1, C. L.J. page 20. 2. In our said judgment, we had, inter alia, observed that the learned Tribunal had misconstrued the application of section 57B of the West Bengal Estates Acquisition Act in concluding that the learned District Judge had exceeded his jurisdiction in decreeing the suit. In our view, such a finding of the learned Tribunal was incorrect, since it was not for the Tribunal to look into the validity of the judgment and decree of the Civil Court. We had also observed that in our view, the amended provisions of clause (d) of section 6 of the West Bengal Land Reforms and Tenancy Tribunal (Amendment) Act of 2001 did not clothe the Tribunal with power or jurisdiction to nullify the effects of a decree passed by the Civil Court in a properly constituted suit, or when the State was one of the contesting parties and the decree was passed on contest against the State. 3. Applying the same principle, we allow the writ application and set aside the judgment and order of the learned Tribunal dated 15th October, 2001 in T. A. No. 508 of 2001 and direct the Revenue Officer concerned to take steps to correct the enteries in the relevant Records of Right pursuant to the judgment and decree passed by the learned Munsif, 2nd Court, Contai, District Midnapore, in Title Suit No. 192 of 1992, within a month from the date of communication of this order. 4. We, however, make it clear that this will not prevent the concerned authorities from thereafter taking any steps if they are so entitled under the provisions relating to ceiling under either the West Bengal Estates Acquisition Act, 1953, or under the West Bengal Land Reforms Act, 1955. 5. The writ application is disposed of. There will be no order as to costs. 6. If an xerox certified copy of this order is applied for, the same is to be supplied to the applicant expeditiously, subject to compliance with the required formalities. Altamas Kabir, J. Alok Kumar Basu, J. Writ application disposed of.