Back
2011 Supreme(Cal) 607
High Court Of Calcutta
Pratap Kumar Ray, Md. Abdul Ghani, JJ.
Md. Abdus Sadeque Sarkar - Appellant
Versus
State Of West Bengal - Respondent
W.P.L.R.T. No. 83 of 2011
Decided On : May 02,2011
Md. Hafiz Ali, Rashid Ziaul Islam
An application for annulment of pattas under Section 49(2) of the West Bengal Land Reforms Act, 1955 must be filed before the Revenue Officer appointed under Rule 209 of the West Bengal Land Reforms Manual, 1991, which in this case is the Sub-Divisional Officer.
Headnote:
WEST BENGAL LAND REFORMS ACT, 1955 - SECTION 49(2) - REVENUE OFFICER APPOINTED UNDER RULE 209 OF THE WEST BENGAL LAND REFORMS MANUAL, 1991 - SUMMARY
Fact of the Case:
The petitioners filed an application before the West Bengal Land Reforms and Tenancy Tribunal (LRTT) seeking annulment of certain pattas granted in favor of third parties under Section 49(2) of the West Bengal Land Reforms Act, 1955. The application was addressed to the Revenue Officer, but it was filed in the office of the B.L. and L.R.O.
Finding of the Court:
The LRTT dismissed the application on the ground that the application was not maintainable as it was not addressed to the proper authority. The LRTT held that under Rule 209 of the West Bengal Land Reforms Manual, 1991, the Sub-Divisional Officer (SDO) has been appointed as the Revenue Officer for the purpose of Section 49(2) of the Act.
Issues: Whether the application for annulment of pattas under Section 49(2) of the West Bengal Land Reforms Act, 1955 was maintainable when it was not addressed to the proper authority, namely, the SDO.
Ratio Decidendi: The West Bengal Land Reforms Manual, 1991 has a statutory flavor and a binding effect. Rule 209(iii) of the Manual specifically designates the SDO as the Revenue Officer to deal with matters under Section 49(2) of the Act. Therefore, an application seeking annulment on the grounds set forth in Section 49(2) must be filed before the SDO.
Final Decision: The High Court dismissed the writ petition filed by the petitioners challenging the order of the LRTT. However, the dismissal of the writ petition would not prevent the petitioners from filing an appropriate application to the appropriate forum in accordance with the law.
Ray, J.
1. HEARD learned Advocates appearing for the parties.
2. ASSAILING the order dated 28th January, 2011 passed in O.A. No. 2103 of 2007 (LRTT) by West Bengal Land Reforms and Tenancy Tribunal, this application has been filed.
The impugned order reads such:-
"28.01.11 Mr. S. Tripathi, learned Advocate prays for adjournment on behalf of Mr. Harun-AI-Rashid, learned Advocate for the applicants. Mr. Masud Karim, learned Advocate is appearing for the Private Respondent Nos. 5-9. Learned Government Representatives Mr. A Gupta along with Md. Kalamuddin are present. This application was filed in the year 2007. learned Advocate for the Private Respondent raised objection regarding adjournment as prayed for by S. Tripathi. As the matter is old one it is taken up for hearing. It is submitted by Mr. S. Tripathi that necessary direction be given as prayed for by the applicant in the present O.A. Ld. Advocate appearing for Private Respondent as well as Ld. Government Representative submits that he application which is annexed as Annexure 'C of this application is not at all maintainable as he same is not addressed to he proper authority. In this instant O.A., the applicants has prayed for directing the Respondent No. 2, i.e. B.L. and L.R.O., Raninagar Block-ll, District Murshidabad, to dispose of the application dated 01.06.2001. The application dated 01.06.2001 which is annexed as Annexure 'C to this application is addressed to the R.O., Office of the concerned B.L. and L.R.O., wherein the applicants have prayed for cancelling pattas granted in favour of Mafuzal Islam and Ors. as early as possible under Section 49(2) of WBLR Act. As per Rule 209 of the WBL and LR Manual, 1991, the S.D.O. has been appointed as R.O. for the purpose of Section 49(2) of WBLR Act, 1955. So no direction can be given to the R.O., to dispose of the application dated 01.06.2001. In the premises the applicants of the present O.A. are not entitled to get any relief and the present O.A. is liable to be dismissed. It is therefore, ORDERED That the O.A. being O.A. No. 2103 of 2007 filed by the applicants is dismissed on contest. No cost...."
3. ON a bare reading of Rule 209 of the West Bengal Land Reforms Manual, 1991, it appears that Sub-Divisional Officer is the only competent Revenue Officer who has been appointed to deal with the matters under Section 49 (2) of the West Bengal Land Reforms Act, namely, Annulment of Patta etc. Section 49 (2) reads such:-
"209. Preliminaries, (i) Under sub-section (2) of Section 49 of the West Bengal Land Reforms Act, 1955, a Revenue Officer appointed for the purpose may annul any settlement made under Section 49(1) of the Act in the following cases: (a) If the land settled has been transferred in contravention of the provisions of Section 49(1A) of the Act on and after 10th July, 1975; and (b) If the settlement has been made by mistake or obtained by fraud, misrepresentation, coercion or otherwise. (ii) The Revenue Officer may start an annulment case suo motu or on application. (iii) S.D.O. to act as R.O.-The Sub-Divisional Officer has been appointed as Revenue Officer for the purposes of Section 49(21)."
4. THE said Manual came into effect from 1st January, 1992. Under Rule 6 of the said Manual, the provision of the Manual has an effect without prejudice to the provision of the Act or Rule.
THE Manual provides the principle and procedure as to be followed. Under Rule 4 of the said Manual it has an overriding effect against the orders, notifications etc. Said Rule 4 and Rule 6 reads such:-
"4. Overriding effect.-
THE provisions in the orders, notifications and Manuals of the State Government or of the Board of Revenue, West Bengal which were in force immediately before commencement of this Manual, shall stand repealed to the extent they are repugnant to, or inconsistent with, the provisions of this Manual."
"6. Provisions of Acts and Rules will prevail.-Provisions of this Manual shall have effect without prejudice to any pr
