Disposed

Lakshmikanta Das and Anr. v. State of West Bengal and Ors.

Calcutta HC1 Feb 2024WPLRT/5/2024

Case brief

AI extract

What is this about?

Writ petition challenging a tribunal order directing rectification of record of rights under Section 15A of the West Bengal Land Reforms Act over bargadar entries. Since the prescribed authority had already initiated and disposed of a Section 15A proceeding recording one heir as bargadar, the writ petition was disposed of without further orders.

What did the court decide?

Writ petition disposed of; no costs; petitioners free to approach competent authority.

Lakshmikanta Das and Anr. Vs State of West Bengal and… — Landlord and Tenant | Calcutta HC (2024)

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5 01.02.2024 Ct. No. 11 rrc

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WPLRT 5 of 2024 (Lakshmikanta Das & Anr. Vs. The State of West Bengal & Ors.)

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Mr. Mahaboob Ahmed ….. For the petitioners Mr. Somnath Ganguli, Ld. AGP Mr. Balarko Sen ….. For the State

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Mr. Siddhartha Sankar Mandal Ms. Arunima Das Sharma ….. For the respondent no. 6

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Affidavit-of-service filed by the petitioners be kept on record.

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This writ petition is directed against the order dated July 10^th , 2023 passed by the learned Tribunal in an original application being OA 787 of 2017 (LRTT) whereby the learned tribunal directed the B.L.& L.R.O concerned to rectify the error of record of rights by initiating a proceeding under Section 15A of the West Bengal Land Reforms Act, 1955 (in short, the Act of 1955).

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Shortly put, the facts required to be adumbrated for the purpose of effective disposal of this writ petition are that the landlord of the subject plot of land approached the concerned B.L.& L.R.O by preferring an application under Section 15A of the Act of 1955 praying for rectification of record of rights. According to the landlord, the petitioners’ father happened to be the original bargadar and on his demise, one of his legal heirs was

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required to be recorded as bargadar but the names of his three sons have been recorded as bargadars in respect of a single plot of land and hence, there was a requirement of rectification of record of rights. Despite receipt of such application, BL&LRO maintained deceptive silence. The landlord preferred an original application seeking a direction upon the BL&LRO to consider and dispose of the application.

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By the order under challenge in this writ petition, the BL&LRO was directed to rectify the error of record of rights by initiating a proceeding under Section 15A of the Act of 1955.

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Mr. Ahmed, learned advocate appearing for the petitioners argues that his father had never been a bargadar in respect of the subject plot of land and the landlord has made a frivolous application to mislead the BL&LRO.

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During course of hearing Mr. Mandal, learned advocate appearing for the respondent no. 6 placed an order dated 12^th September, 2023 passed by the prescribed authority under Section 18(1) of the Act of 1955 wherefrom it is explicit that the prescribed authority initiated proceeding under Section 15A of the Act of 1955 and the proceeding has been disposed of by directing to record the name of one of the legal heirs of petitioners’ father as bargadar in respect of the subject plot of land . Let the order, as placed, be kept on record.

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In view thereof, no further order is required to be passed in this writ petition. Accordingly, the writ petition is disposed of.

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There shall, however, be no order as to costs.

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However, it is made clear that this order shall not preclude the petitioners to approach the competent authority in accordance with law.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)

Lakshmikanta Das and Anr. v. State of West Bengal and Ors.

Case brief

What is this about?

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Lakshmikanta Das and Anr. v. State of West Bengal and Ors.

Case brief

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What the court decided

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