2014 Supreme(SC) 763

SUPREME COURT OF INDIA
M.Y. Eqbal, Pinaki Chandra Ghose, JJ.
Pradeep Kumar Maskara and others - Appellants
Versus
State of West Bengal and others - Respondents
CIVIL APPEAL NOS.9844-9846 OF 2014 (Arising out of Special Leave Petition (C) Nos. 23051-23053 of 2009)
Decided On : 17-10-2014

IMPORTANT POINTS
Land Tribunal had no jurisdiction to differ with the decision given by the High Court.
Even if the decision on a question of law has been reversed or modified by subsequent decision of a superior court in any other case it shall not be a ground for review of such judgment merely because a subsequent judgment of the single judge has taken contrary view.

Headnote:(a) Administration of Justice – Judicial propriety – Appellants approaching Tribunal in pursuance of High Court judgment – Judgment not challenged and attaining finality – Tribunal keeping it pending for a long time and then dismissing the same relying on another judgment of the High Court erroneously treating as that of a Division Bench – More so when the decision relied upon by the Tribunal was per incuriam the decision qua appellants – Tribunal had no jurisdiction to differ with the decision given by the High Court qua appellants – Code of Civil Procedure, 1908 – Order XLVII, Rule 1, Explanation. (Para 25)

       (1997) 2 CHN 140; (2001) 9 SCC 325; (1999) 5 SCC 703; (2013) 3 SCC 63 – Referred

       (b) Administration of Justice – Judicial propriety – Decision on a question of law – Even if reversed or modified by subsequent decision of a superior court in any other case – In a subsequent judgment another single Judge taking a contrary view – Shall not be a ground for review of the earlier judgment – Does not confer jurisdiction upon the tribunal to ignore the earlier judgment. (Para 27)

       Facts of the case:

       The appellants, presently residents of Dalkola, sub-divisional town in the District of North Dinajpur, West Bengal, had certain ancestral lands in the said town. On 30.3.1956, the West Bengal Land Reforms Act, 1955 came into force and the lands of the appellants were transferred from State of Bihar to State of West Bengal.

       In the year 1976, following three vesting proceedings under Section 14-T of the West Bengal Land Reforms Act, 1955 were initiated:

       - No.252/1976 against Mahabir Prasad Maskara, father of the appellants

       - No.244/19766 against Appellant No.1

       - No. 280/1976 against Appellant No.2

       Proceedings No.244/1976 and No. 280/1976 were disposed of with a finding that appellant nos.1 and 2 herein were minors and hence, the lands held by them were taken into account as lands of their father Mahabir Prasad Maskara. Proceedings No.252/1976, pertaining to Mahabir Prasad Maskara, was disposed of vide order dated 24.8.1983, declaring 38.8591 acres of agricultural lands to vest in the State.

       Appellants and other co-sharers preferred a Writ Petition before the High Court of Calcutta, assailing the initiation of proceedings under 14-T(3) of the West Bengal Land Reforms Act 1955, under Chapter IIB of the said Act on the ground that the said Chapter of the Land Reforms Act is not applicable to the territories which came from Bihar on transfer and where the Appellants holds land. Learned Single Judge of the High Court, in the case of Pradip Kumar Maskara, allowed quashing of the vesting proceedings on the ground of non applicability of Chapter II-B of the aforesaid Act to the Transfer Territories in the absence of required Notification. It has been submitted on behalf of the appellants that aforesaid judgment of Learned Single Judge in the case of Pradip Kumar Maskara was never challenged and attained finality vis-à-vis the State and the present appellant.

       In C.R. No.2001(W) of 1985 preferred by two residents of village Mohanpur, Karandighi, District West Dinajpur, another learned Single Judge of the High Court of Calcutta made the Rule absolute by holding that in the absence of any Notification under the West Bengal Land Reforms Act 1955, Chapter IIB could not be made applicable to the transferred territories. Thereafter, in another case, other learned Single Judge quashed the vesting proceedings following Pradip Kumar Maskara judgment.

       In the case of Ganga Dhar Singh vs. State of West Bengal, reported in (1997) 2 CHN 140, another learned Single Judge of the High Court of Calcutta held that no Notification is required under the West Bengal Act for applicability of its provisions to the Transferred Territories. The High Court held that there cannot be any doubt whatsoever that Chapter-IIB of the West Bengal Land Reforms Act brought in by reason of Section 13 of West Bengal Land Reforms (Amendment) Act, 1972 shall apply to the transferred territories also.

       Relying upon the judgment in Gangadhar Singh’s case, the West Bengal Land Reforms and Tenancy Tribunal dismissed the application of the appellants herein, who moved O.A. No. 3841/2001 due to inaction on part of the authorities to correct the Record of Rights. The Tribunal held that no Notification was required to extend Chapter-IIB of the Land Reforms Act to the transferred territories.

       The aforesaid order of the order of the Tribunal was challenged before the High Court of Calcutta, which has upheld the order of the Tribunal holding that the decision of Ganga Dhar’s case is a binding precedent and having not been assailed, has attained finality.

       Finding of the Court:

       The order passed by the land tribunal is erroneous in law. The High Court also fell in error in affirming the order of the tribunal hence these orders cannot be sustained in law.

       Result: Appeals allowed.