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2000 Supreme(Cal) 610
High Court Of Calcutta
S. B. SINHA, PRATAP KUMAR RAY
SHANTINIKETAN SOCIETY - Appellant
Versus
STATE - Respondent
W. P. L. R. T. 818 Of 2000
Decided On : 12/05/2000
BALAI ROY, MIRU HAZRA, POMPEY BOSE, RAMAPATI ROY, Samaraditya Pal, SANGHA MITRA KYAL, ZIAUL ISLAM
Headnote:
The Court held that the principles of natural justice were not followed in the impugned order. The Court also held that the order was passed without jurisdiction and was therefore void. The Court further held that the order was based on an incorrect interpretation of the law and was therefore erroneous.
Fact of the Case:
The petitioners herein are transferees of two plots being portion of Plot No. 356 and plot No. 358 situate in Mouza Kalikapur. The basic fact of matter is not much in dispute. Bijoy Krishna Roy, who died on 3. 11. 1960, was not an intermediary within the meaning of the provisions of the said Act. In terms of the provisions of the said Act, the estate of the intermediaries etc. , vested in the State of West Bengal on or about 15th April, 1955. No proceeding against Bejoy Krishna Roy was taken for a long time in terms of the provisions of the said Act. However, on or about 20th January, 1964 a Big Raiyat Case No. 168 of 1964 was initiated in the name of the said Bejoy Krishna Roy. In the year 1966 a requisition was made purported to be under the West Bengal Fisheries (Requisition and Acquisition) Act, 1965, relevant portion whereof reads thus :-now, therefore, in exercise of the power conferred by sub-section (1) of section 4 of the West Bengal Fisheries (Regulation and Acquisition) Act, 1965 (West Bengal Act XX of 1965) and read with the Authority so vested in me as aforesaid, I do hereby requisition the fishery with without adjoining lands mentioned in schedule below and make the following further order, namely; i,delivered possession of the fishery with without adjoining land to this office K. G. O. Sri H. Mukherjee in 13. 11. 66 at 8 A. M. Schedule description of fishery/fishery and land. Dag Nos. 354, 355, 356, 359, 367, 358, 356/406.
Finding of the Court:
The Court held that the principles of natural justice were not followed in the impugned order. The Court also held that the order was passed without jurisdiction and was therefore void. The Court further held that the order was based on an incorrect interpretation of the law and was therefore erroneous.
Issues: Whether the principles of natural justice were followed in the impugned order. Whether the order was passed without jurisdiction. Whether the order was based on an incorrect interpretation of the law.
Ratio Decidendi: The Court held that the principles of natural justice were not followed in the impugned order as the petitioners were not given an opportunity to be heard before the order was passed. The Court also held that the order was passed without jurisdiction as the Revenue Officer who passed the order did not have the authority to do so. The Court further held that the order was based on an incorrect interpretation of the law as the Revenue Officer misinterpreted the provisions of the West Bengal Estates Acquisition Act.
Final Decision: The Court allowed the writ petition and set aside the impugned order. The Court also directed the Revenue Officer to hear the matter afresh and give an opportunity of hearing to the petitioners.
( 1 ) THIS writ application arises out of a judgment and order dated 22nd August, 2000 passed by the West Bengal Land Reforms and Tenancy Tribunal (hereinafter referred to for the sake of brevity as the "said Tribunal") in T. A. 761 of 2000 arising out of W. P. No. 8247 (W) of 1999.
( 2 ) THE petitioners herein are transferees of two plots being portion of Plot No. 356 and plot No. 358 situate in Mouza Kalikapur. The basic fact of matter is not much in dispute.
( 3 ) IN the revisional survey settlement records of rights Plot No. 356 was recorded as Beel, whereas Plot No. 358 was recorded as Beel Machchas. The original owner of the said land was one Bejoy Krishna Roy, who died on 3. 11. 1960. The legislature of the State of West Bengal enacted West Bengal Estates Acquisition Act, 1953 (hereinafter referred to as 'the said 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. The said Bejoy Krishna Roy was not an intermediary within the meaing of the provisions of the said Act. In terms of the provisions of the said Act, the estate of the intermediaries etc. , vested in the State of West Bengal on or about 15th April, 1955. No proceeding against Bejoy Krishna Roy was taken for a long time in terms of the provisions of the said Act. However, on or about 20th January, 1964 a Big Raiyat Case No. 168 of 1964 was initiated in the name of the said Bejoy Krishna Roy. In the year 1966 a requisition was made purported to be under the West Bengal Fisheries (Requisition and Acquisition) Act, 1965, relevant portion whereof reads thus :-"now, therefore, in exercise of the power conferred by sub-section (1) of section 4 of the West Bengal Fisheries (Regulation and Acquisition) Act, 1965 (West Bengal Act XX of 1965) and read with the Authority so vested in me as aforesaid, I do hereby requisition the fishery with without adjoining lands mentioned in schedule below and make the following further order, namely; i,delivered possession of the fishery with without adjoining land to this office K. G. O. Sri H. Mukherjee in 13. 11. 66 at 8 A. M. Schedule description of fishery/fishery and land. Dag Nos. 354, 355, 356, 359, 367, 358, 356/406. " the legality or validity of the said requisition was questioned in a writ application filed before this Court which was marked as C. R. 3000 (W) of 1966. In the aforementioned writ application, the vires of the West Bengal Fisheris (Requisition and Acquisition) Act, 1965 was also questioned. The said writ application was dismissed by an order dated 17. 4. 1972. An appeal taken there against was also dismissed. An application for grant of special leave was filed before the apex Court against the said order which was also dismissed. In the meanwhile, however, another proceeding marked as B. R. Case No. 19/1968 was initiated against the aforementioned Bejoy Krishna Roy, who as noticed hereinbefore died as far back as on 3. 11. 1960. For the first time, a proceeding under section 44 (2a) of the said Act was initiated in relation to the lands in question. The said proceeding, was once again initiated against the said Bejoy Krishna Roy and marked as Case No. 47 of 1968. On or about 7. 3. 1968, an order was passed therein by the competent authority, as a result whereof, classification in relation to the lands in question was changed from Beel Machchas to Sali. In the said proceeding, it was noticed, "it further transpires that Bejoy Krishna Roy died on 3. 11. 1960 leaving behind sons and daughters as heirs. It also appears that the notice is paid as it was issued on the dead person and also a prayer to withdraw the said notice. Being interrogated Sri Tarani Sen Halder could not exactly furnish names of the legal heirs".
( 4 ) THE competent authority further took into consideration the fact that Bejoy Krishna Roy was detached as B. R. No. 1
