Revision against an order referring the bargadar issue to the statutory authority under Section 21(3) of the WBLR Act in a title suit. The High Court set aside the impugned order since the plaintiff's bargadar status had already been declared in 1978 proceedings and recorded in the Record of Rights.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
28 18.11.2024 Ct. No.22 pg.
IN THE HIGH COURT AT CALCUTTA CIVIL REVISIONAL JURISDICTION APPELLATE SIDE
CO 1834 of 2017 with IA No. CAN 1 of 2018 (Old No.8098 of 2018) with CAN 2 of 2021
Sukesh Pradhan Vs.
Sujit Jana & Ors.
Mr. Manish Kumar Das … For the petitioner
Mr. Anup Dasgupta Ms. Megha Datta … For the opposite parties
the order dated 18th March, 2017 passed in connection with Title Suit No.455 of 2012 by the learned Civil Judge (Junior Division), Haldia, Purba Medinipure. By the impugned order, the learned Judge disposed of an application filed under Section 21(3) of the West Bengal Land Reforms Act (hereinafter referred to as the “WBLR Act”) by referring the issue of Bargadar to the statutory authority under Section 21(3) of the WBLR Act.
2
subject property. Therefore, further reference under Section 21(3) of the WBLR Act does not arise.
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Reforms Act in the year 1978 and consequently his name has already been recorded in the Record of Rights. Therefore, in these circumstances, further adjudication of Bargadar issue does not arise.
(Bibhas Ranjan De, J.)
1 issue framed by the court
Whether a further reference of the Bargadar issue under Section 21(3) of the WBLR Act could be made when the plaintiff's bargadar status had already been declared by the statutory authority in 1978.
2 provisions across 2 enactments
Sukesh Pradhan
Sujit Jana & Ors.
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
