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2012 Supreme(Cal) 460
High Court of Judicature at Calcutta
PRANAB KUMAR CHATTOPADHYAY & MRINAL KANTI SINHA
Jai Hind Pvt. Ltd.
Versus
State of West Bengal & Others
W.P.L.R.T. 43 of 2010
Decided On : 17-05-2012
For the Petitioners: Saktinath Mukherjee, P. K. Ray, A. K. Bhattacharya,, Joydeep Kar, Ms. Pratima Mishra, Samir Kumar Daskar.
For the Respondents:Anindya Mitra…Ld. Advocate General, Ms. Amrita Sinha, Advocate.
Headnote:
The State Government's decision to review a revenue officer's order under the West Bengal Estates Acquisition Act, 1953, was challenged by the petitioner company. The company claimed that the revenue officer had earlier allowed them to retain the entire landholding, and the State Government's review was illegal and void. The court held that the State Government had the power to review the order under Section 57A of the Act and that the order passed by the Principal Secretary, Land & Land Reforms Department, Govt. of West Bengal dated 26th February, 2008 was a valid order of the State Government.
Fact of the Case:
The petitioner company, incorporated in 1946, purchased agricultural lands before 1st January 1952 and claimed to be entitled to retain the entire landholding under Section 6 (1) (j) of the West Bengal Estates Acquisition Act of 1953. A revenue officer allowed the company to retain the land. However, the State Government later decided to review the order and directed the BL & LRO to take necessary steps for fresh review of the proceeding. The BL & LRO set aside the earlier order and allowed the company to retain only 205.57 acres of agricultural lands which were purchased prior to 1st January, 1952 and also the pond-fisheries-nala and homestead land etc. all totaling to 211.21 acres. The petitioner company challenged the State Government's decision and the BL & LRO's order before the West Bengal Land Reforms & Tenancy Tribunal, which dismissed the application. The petitioner company then filed a writ petition in the Calcutta High Court.
Finding of the Court:
The Calcutta High Court held that the State Government had the power to review the order under Section 57A of the Act and that the order passed by the Principal Secretary, Land & Land Reforms Department, Govt. of West Bengal dated 26th February, 2008 was a valid order of the State Government. The court also held that the BL & LRO had the jurisdiction to review the earlier order of his predecessor in office and that the petitioner company was not entitled to retain any land over and above the ceiling limit as prescribed under the West Bengal Estates Acquisition Act, 1953.
Issues: 1. Whether the State Government had the power to review the order of the revenue officer under Section 57A of the West Bengal Estates Acquisition Act, 1953? 2. Whether the order passed by the Principal Secretary, Land & Land Reforms Department, Govt. of West Bengal dated 26th February, 2008 was a valid order of the State Government? 3. Whether the BL & LRO had the jurisdiction to review the earlier order of his predecessor in office? 4. Whether the petitioner company was entitled to retain any land over and above the ceiling limit as prescribed under the West Bengal Estates Acquisition Act, 1953?
Ratio Decidendi: 1. Section 57A of the West Bengal Estates Acquisition Act, 1953 empowers the State Government to invest any authority referred to in Section 53 of the Act with all or any of the powers of a Civil Court under the Code of Civil Procedure, 1908. 2. The order passed by the Principal Secretary, Land & Land Reforms Department, Govt. of West Bengal dated 26th February, 2008 was a valid order of the State Government as it was passed after obtaining the approval of the Minister-in-Charge of the Land & Land Reforms Department. 3. The BL & LRO had the jurisdiction to review the earlier order of his predecessor in office as he was invested with the power of a Civil Court under Section 57A of the Act. 4. The petitioner company was not entitled to retain any land over and above the ceiling limit as prescribed under the West Bengal Estates Acquisition Act, 1953, as it had failed to prove that it was exclusively engaged in agriculture farming on 1st January, 1952.
Final Decision: The writ petition was allowed, and the impugned judgment and order passed by the learned Tribunal on 31st March, 2010 in O.A. No. 1463 of 2009 were set aside. The respondent authorities including the Revenue Officer concerned were directed to accept the land revenue and cesses from the petitioner-company in respect of the lands in question which the said petitioner-company was allowed to retain pursuant to the order dated 7th May, 2008 passed by the BL & LRO, Bharatpur-II.
PRANAB KUMAR CHATTOPADHYAY, J.
In the instant application, petitioner has challenged the judgment and order dated 31st March, 2010 passed by the West Bengal Land Reforms & Tenancy Tribunal in O.A. No. 1463 of 2009 whereby the learned Tribunal has been pleased to dismiss the aforesaid application filed by the petitioner herein. In the aforesaid application, petitioner company inter alia prayed for the following orders.
(a) an order directing the Respondent authority to accept the amount tendered by the Petitioner Company on account of land revenue and cesses etc ;
(b) an order directing BL & LRO, being Respondent No. 4 herein, to issue certified copies of the relevant Record-of-Rights in respect of the lands already recorded as retained lands of the petitioner Company.
During the pendency of the aforementioned application before the learned Tribunal, State Respondents on their own supplied the certified copies of Record-of-Rights. Before proceeding further, relevant facts are briefly stated hereinafter.
The petitioner company was incorporated under the Companies Act, 1913. The said company was having 23 share holders as on 1st January, 1952. The said company purchased more or less 205.57 acres of agricultural lands directly in its own name prior to 1st January, 1952. Said company after 1st January, 1952 further purchased land more or less 34.14 acres including agricultural land, homestead, ponds etc.
On 14.08.1956, the petitioner-company filed a return in “Form B” claiming to be entitled to retain the entire land being 239.71 Acres in terms of Section 6 (1) (j) of the West Bengal Estates Acquisition Act of 1953. On or about 21st December, 1956, the petitioner-company also submitted a declaration to the same effect. It has been claimed by the petitioner-company that the Revenue Officer concerned allowed the said company to retain the entire land. However, no copy of the aforesaid order passed by the Revenue Officer was produced before the Court.
The learned senior counsel representing the petitioner referred to the application filed by the Collector, Estates Acquisition, District-Murshidabad for vacating the interim order passed by this court in Civil Rule No. 4256 (W) of 1968. In the said vacating application, Collector, Estates Acquisition, District-Murshidabad admitted that the Revenue Officer allowed the petitioner-company to retain all the lands. Paragraph-4 of the said vacating application filed on behalf of the Collector, Estates Acquisition, Murshidabad is set out hereunder :-
“4. The applicant states that on or about August 14th, 1956 the petitioners submitted a return in Form B and represented before the Revenue Officer and also made a declaration received on 21.12.56 that the said Company was engaged exclusively in farming and in business directly connected with such farming having 23 share holders and accordingly claimed the benefit of Section 6 (1) (j) and wanted to retain all the lands,
Relying on such representation and declaration the Revenue Officer allowed the said Company to retain all the lands “(emphasis supplied).
The learned Advocate General representing the State Respondents strongly disputed the aforesaid claim of the petitioner-company. It is the specific case of the Respondent State that there is no order allowing retention of all the lands by the Revenue Officer. The learned Advocate General further submitted that the petitioner-company could not produce any such order passed by the Revenue Officer allowing retention of the land.
In April 1968, the company was served with a notice dated 01.04.1968, requiring to file Form-B.
The said notice dated 1.4.1968 was challenged by the petitioner-company in the writ petition being C.R. No. 4256 (W) of 1968, before the Hon’ble High Court at Calcutta. The said writ petition was disposed of by the Order dated 15th February 1971, holding inter alia that there was no need to file ‘Form-B’ afresh, as it was already filed in 1956, and that the impugned n
