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2011 Supreme(Cal) 198

PRATAP KUMAR RAY, HARISH TANDAN
Seema Begum – Appellant
Versus
Marium Bibi – Respondent


Advocates Appeared:
For the Petitioners:Mr. Ashok Banerjee, Mr. Biswanath Mitra, Mr. D. Mukherjee, Mr. Subhadeep Mukherjee, Advocates.
For the Respondents:Mr. Priyabrata Mukherjee, Mr. Md. Mohiuddin, Mr. Murari Chakraborty, Mr. Nayeemuddin Munshi, Advocates.

JUDGMENT :

HARISH TANDON, J.

A vital and interesting question has cropped up before us in the instant tribunal application as to the competence of the Land Reforms Tenancy Tribunal constituted under West Bengal Land Reforms and Tenancy Tribunal Act (hereinafter referred to as the Tenancy Tribunal Act) under Article 323(B) of the Constitution of India to deal, entertain and/or set aside the orders, decrees and judgments passed by the “Civil Judge having jurisdiction” in respect of the subject matter under the “Specified Act” as defined under section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act 1997.

Initially when the said Tenancy Tribunal Act was promulgated it was made applicable in respect of five Acts. Those are the West Bengal Estate Acquisition Act 1953, the West Bengal Land Reforms Act 1955, the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fisherman Act 1975 and the West Bengal Land Holding Revenue Act 1979. By an amendment Act, the said West Bengal Land Holding Revenue Act 1979 was omitted and/or deleted from the definition of the said “Specified Act”. By another amendment the West Bengal Restoration of Alienated Land Act










































































































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