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SUPREME COURT OF INDIA
J. Chelameswar, Sanjay Kishan Kaul, JJ.
ASHIM RANJAN DAS (D) BY LRS. – Appellant
Versus
SHIBU BODHAK & ORS. – Respondents
CIVIL APPEAL NO.3932 OF 2009
Decided On : 05-04-2018
Facts of the case:
One Krishna Pada Supai was holder and in possession of land under an ex-intermediary Kali Charan Pramanick. In the year 1962, 14.89 acres of land held by KPS was transferred to two persons – Jitendra Lal Paul (8.26 acres) and Golap Bala Saha Mondal (6.63 acres).
Suo moto proceedings were initiated by the concerned Revenue Officer under Section 44(2a) of the West Bengal Estate Acquisition Act, 1953 who cancelled the tenancy rights of both Jitendra Lal Paul and Golap Bala Saha Mondal vide order dated 12.5.1969. This order was assailed in a WP being Civil Rule No.2915 (W) of 1969 by Golap Bala Saha Mondal alone. The learned single Judge of the Calcutta High Court set aside the order dated 12.5.1969
On the other hand, on the demise of Jitendra Lal Paul, the land vested with his widow, Kusumbala Paul, who sold it to Mr. Rathindra Chandra Hore. The appellant, Ashim Ranjan Das, purchased the said land measuring 8.26 acres in 1987 from Mr. Rathindra Chandra Hore, which was originally held by late Jitendra Lal Paul.
Since only Golap Bala Saha Mondal had filed the earlier writ petition, the State Government took steps qua the land of Jitendra Lal Paul on the premise that the land vested in the State Government and executed Deeds of Ryoti Settlement with regards to the land in favour of respondents No. 1 and 2 herein. The first two respondents are therefore the patta holders of the land through registered pattas of July, 1980.
In the year 1990, the heirs of Jitendra Lal Paul, i.e., Kusumbala Paul and others filed a writ petition, being C.O. No.8958 (W) of 1990, on the ground that the land cannot be treated to be vested in the State Government. In the said proceedings, Ashim Ranjan Das, the appellant herein, was also joined as Petitioner No. 8. Respondents No. 1 and 2 herein were joined as respondents No. 10 and 13 respectively. In terms of the order dated 17.7.1997, the writ petition was allowed.
The respondents No. 1 and 2 did not take any steps to challenge the said order of 17.7.97, till 1998 when the Appellant filed a writ petition with a prayer to mutate his name in the records, in respect of the lands purchased from Mr. Rathindra Chandra Hore. This writ petition was transferred to the Tribunal constituted under The West Bengal Land Reforms and Tenancy Tribunal Act, 1997.
The Tribunal in terms of the order dated 19.9.2000 directed the Block Land and Land Reforms Officer to restore all the land in the name of KPS.
Shibu Bodhak and Tapan Malik respondents No.1 and 2 herein respectively, filed an application in the High Court inter alia praying for issuance of a writ in the nature of mandamus, commanding the respondents to set aside the order dated 19.9.2000 and 22.3.2001 passed by the Tribunal and also directing the respondents to set aside the action of the appropriate authority under The West Bengal Land Reforms Act, 1955 which had issued a notice dated 17.4.01 for the cancellation of patta.
The aforesaid appeal filed by respondent Nos.1 & 2 was, however, allowed.
Finding of the Court:
There is no infirmity in impugned judgment.
Result: Appeal dismissed.
JUDGMENT
SANJAY KISHAN KAUL, J.
1. One Krishna Pada Supai (for short ‘KPS’) was holder and in possession of land under an ex-intermediary Kali Charan Pramanick. The land is stated to have been duly recorded in the name of KPS in the Records of Rights of Mauza Jogatipota, P.S. Sonarpur, being R.S. Khatian No.15 of Mauza Jagatipota, West Bengal. In the year 1962, 14.89 acres of land held by KPS was transferred to two persons – Jitendra Lal Paul (8.26 acres) and Golap Bala Saha Mondal (6.63 acres). The origination of the dispute is the proceedings suo moto initiated by the concerned Revenue Officer under Section 44(2a) of the West Bengal Estate Acquisition Act, 1953 (hereinafter referred to the ‘Acquisition Act’). In order to appreciate the nature of proceedings, it is necessary to give a small overview of the Acquisition Act. The preamble to the Acquisition Act states as under:
“An Act to provide for the State acquisition of estates, of rights of intermediaries therein and of certain rights of raiyats and under-raiyats and of the rights of certain other persons in lands comprised in estates.”
2. Section 2(i) of the Acquisition Act defines “intermediary” and reads as under:
“S. 2. Definitions. –
(i) "intermediary" means a proprietor, tenure-holder, under-tenure-holder or any other intermediary above a raiyat or a non-agricultural tenant and includes a service tenure-holder and, in relation to mines and minerals, includes a lessee and a sub-lessee;”
3. Chapter II of the Acquisition Act provides for “Acquisition of estates and of the rights of intermediaries therein”. The relevant provision is as under:
“S. 4. Notification vesting estates and rights of intermediaries. –(1) The State Government may from time to time by notification declare that with effect from the date mentioned in the notification, all estates and the rights of every intermediary in each such estate situated in any district or part of a district specified in the notification, shall vest in the State free from all incumbrances.”
….…. …. …. ….
“S. 5. Effect of notification. – (1) Upon the due publication of a notification under section 5, on and from the date of vesting –
xxxx xxxx xxxx xxxx xxxx
(c) (Subject to the provisions of sub-section (3) of section 6, every non-agricultural tenant holding any land) under an intermediary, and until the provisions of Chapter VI are given effect to, every raiyat holding any land under an intermediary, shall hold the same directly under the State, as if the State had been the intermediary, and on the same terms and conditions as immediately before the date of vesting:
Provided that if any non-agricultural tenant pays rent wholly in kind or partly in kind and partly in cash, then, notwithstanding anything contained in the foregoing clause, he shall pay such rent as a Revenue Officer specially empowered by the State Government in this behalf may determine in the prescribed manner and in accordance with the principle laid down in clause (ii) of section 42:
Provided further that any person aggrieved by an order passed by the Revenue Officer determining rent under the first proviso may appeal to such authority and within such time as may be prescribed;”
….…. …. …. ….
“S. 6. - Right of intermediary to retain certain lands:-(1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provisions of that sub-section, be entitled to retain with effect from the date of vesting —
(a) land comprised in homesteads;
(b) land comprised in or appertaining to buildings and structures owned by the intermediary or by any person, not being a tenant holding under him by leave or license;
Explanation. – For the purposes of this clause ‘tenant’ shall not include a thika tenant as defined in the Calcutta thika Tenancy act, 1949 (W.B. Act II of 1949);
(c) non-agricultural land in his khas possession including land held under him by any person ,
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