Research › Search › Judgment

Calcutta High Court · body

2010 DIGILAW 1406 (CAL)

Jagannath Adhikari v. STATE OF WEST BENGAL

2010-12-06

MRINAL KANTI SINHA, PRATAP KUMAR RAY

body2010
JUDGMENT Ray, J. 1. HEARD the learned Advocates appearing for the parties. 2. BY the impugned order dated 10th April, 2008, learned Tribunal below rejected the original application No. O.A. 893 of 2008 (LRTT), wherein the petitioner prayed for necessary direction to the Block Land and Land Reforms Officer to demarcate the vested land of the State adjacent to the land of the petitioner. The impugned order reads:- "10.4.08.-Upon hearing both sides and on perusal of the averments in the applicant and annexures thereto, it is spelt out that petitioner's is a case of alleged inaction on the part of the Authority concerned to effect the demarcation despite submission of the requisite fees as per direction. The portion as such is found by us to be suffering from acute vagueness not only is terms of relief prayed for but also in terms of the clarity for survey to be made. That apart, we are not fortified with any provision of law whereby the aforesaid direction was given by the Authority concerned learned Government Representative submitted that there is no such provision under which the direction was given for deposit of money or for undertaking any survey in terms of the notice. Upon hearing both sides, we are pleased to hold that sort of action of the Authority challenged before us do not fail within any activities under the specified Act and as such we are unable to entertain the application and in same stands disposed of accordingly...." 3. IT was the case of the petitioner that the concerned Revenue Officer accepted the appropriate fees for that purpose. Under Rules 23 and 24 of the West Bengal Land and Land Reforms Manual, 1991 the function and business of Block Level Revenue. Officer as well as the Revenue Inspector under him have been prescribed in details. The said Rules read such:- "23. The Block Land and Land Reforms Office is entrusted with:- (a) Land Reforms measures such as vesting, taking over possession and distribution of ceiling surplus lands, recording and protection of bargadars, settlement of harvesting disputes, recording of homestead beneficiaries, administration of West Bengal Restoration of Alienated Land Act, etc., (b) Settlement and Survey work, (c) Land management, maintenance of records of rights, land utilization, etc., (d) Collection of land revenue, cesses and other Government dues, loans of different kinds etc. and. (e) Crop survey, agricultural census, etc. and. (e) Crop survey, agricultural census, etc. Besides, it is expected to assist general administration and magistracy by conducting land-based miscellaneous enquiries and by collection and functioning of information on crop status and natural calamities". "24. The offices of the Revenue Inspectors, at the Gram Panchayat level have been conceived with the twin objectives of taking the land reforms administration to the Gram Panchayat level, thus catering to and conforming with the 3-tier Panchayat system prevalent in West Bengal and rendering services to the raiyats and bargadars hitherto available only at the Block level. Besides, they are also expected to be the eyes and ears of the land reforms administration at the field level. The Revenue Inspector is entrusted with:- (a) Collection of land revenue, various cesses and Government dues, (b) Preparation and maintenance of R.O.R.S., (c) Preliminary and consequential action on land reforms and land management functions performed in the office of the B.L.L.R.O., (d) Crop survey and agricultural census, (e) Preventing encroachment on Government land, and (f) Liaison with the local Gram Panchayat and other Gram Panchayat-based institutions. He will also perform other functions as are or may be entrusted to him by the Board of Revenue from time to time." 4. UNDER Section 61(2) of the West Bengal Land Reforms Act, 1955 the Revenue Officer is empowered to enquire into and decide any question relating to any land in connection with any matter which is required to be enquired into and be decided. The said provision reads such:- "61 (2) Any Revenue Officer or prescribed authority or other officer or authority empowered under the provisions of this Act shall have exclusive jurisdiction to entire into and decide any question relating to any land in connection with any matter which is required to be enquired into or decided by any prescribed authority or other officer or authority under the provisions of this Act." The West Bengal Land and Land Reforms Manual, 1991 came into effect from 1st January, 1992. It covers more or less whole spectrum of activities of officials and functionaries of various levels of land and land reforms administration in West Bengal. Clause 3 of the said Manual laid down principles, and procedures to be followed by officials and functionaries in matters relating to land and land reforms in connection with the provisions of relevant Acts and Rules made there under. Clause 3 of the said Manual laid down principles, and procedures to be followed by officials and functionaries in matters relating to land and land reforms in connection with the provisions of relevant Acts and Rules made there under. Under Clause 9 the Director of Land Records and Survey, West Bengal is authorised to issue technical instructions, subject to guidelines, if any, that may be issued by the Board of Revenue from time to time, as to be followed in technical matters including preparation of revision of maps, land-survey etc. 5. CLAUSE 10 has empowered the Board of Revenue to issue necessary instructions. The relevant clauses as referred to above, namely, Clauses 3, 9 and 10 read such:- "3. Principles and Procedures.(i) This Manual lays down principles and procedures to be followed by officials and functionless in matters relating to land and land reforms in accordance with the provisions of relevant Acts and Rules made there under. 9. Power of D.L.R.S. to issue instruction- (i) The Director of Land Records and Survey, West Bengal is authorised to issue technical instructions, subject to guidelines, if any, that may be issued by the Board of Revenue from time to time, to be followed in technical matters including preparation on revision of maps, land-survey etc. (ii) Save as otherwise provided in this Manual, the Director of Land Records and Surveys, West Bengal may issue such detailed instructions as are not inconsistent with the provisions of this Manual or with the provisions of any Act or Rules or with any order or notification of the Government or of the Board of Revenue for the time being in force. (iii) Such Registers or Forms as are not prescribed in any Act, Rules or this Manual may be prescribed by the Director of Land Records and Surveys, West Bengal with the approval of the Board of Revenue, West Bengal. 10. Power of the Board of Revenue to issue Instructions- (i) When amendment or modification of a provision of this Manual is necessitated due to a change in the relevant law, the Board of Revenue may issue necessary instruction in accordance with the amended law, and the said instruction shall be followed in relevant matters till the relevant provisions of this Manual re-amended. (ii) In addition to powers delegated to the Board of Revenue, West Bengal under this Manual to issue instructions, such powers as are delegated to the Director of Land Records and Surveys, West Bengal under this Manual my also be exercised by the Board of Revenue, West Bengal". 6. VESTING of land could be done either by application of West Bengal Estate Acquisition Act or West Bengal Land Reforms Act and in some cases under the West Bengal Restoration of Alienated Land Act, Homestead Act etc. having some special feature,. In the instant case, the land has been vested under the West Bengal Land Reforms Act. Once the land is vested to the State of West Bengal, it is the duty of the State to demarcate the vested land and prepare record of rights accordingly. 7. FROM the writ application it appears that the petitioner prayed for demarcation of land from the vested land. Notices were issued and requisite fees were paid. Despite such, no action was taken. 8. HAVING regard to the pleading of the writ application and the original application, this Court is of the view that the subject-matter is falling under the West Bengal Land Reforms Act, 1955 a specified Act vesting jurisdiction of tribunal to deal with any action, arose out of said Act read with West Bengal Land and Land Reforms Manual, 1991. Hence, the learned Tribunal had the jurisdiction to decide the matter, which has not been done. Hence the impugned order of the learned Trial Judge is not sustainable. The same is set aside and quashed. Learned Advocate for the State respondents has frankly submitted that the concerned Block Land and Land Reforms Officer ought to have taken steps for demarcation of the Government vested land. 9. HAVING regard to such, the writ application is allowed directing the respondent Nos. 2 and 3 to take all steps to demarcate the Government land in terms of the prayer made by the petitioner within 3 months from the date of communication of order. 10. THE writ application is accordingly allowed. Before parting with the matter, we are of the view that the Board of Revenue should be directed to issue necessary procedural instruction/circular in that field so that the Block Land and Land Reforms Officer may act promptly to demarcate the Government vested land. 11. 10. THE writ application is accordingly allowed. Before parting with the matter, we are of the view that the Board of Revenue should be directed to issue necessary procedural instruction/circular in that field so that the Block Land and Land Reforms Officer may act promptly to demarcate the Government vested land. 11. LET copy of the order be sent to the Board of Revenue for taking necessary steps as directed. LET affidavit of service as filed be kept with the record.