High Court Of Calcutta
Pratap Kumar Ray, Mrinal Kanti Sinha, JJ.
Jagannath Adhikari : Appellant
Versus
State Of West Bengal : Respondent
Decided On : Dec 06,2010
LAND REFORMS - DEMARCATION OF VESTED LAND - JURISDICTION OF TRIBUNAL - WEST BENGAL LAND REFORMS ACT, 1955 - WEST BENGAL LAND AND LAND REFORMS MANUAL, 1991.
Fact of the Case:
Petitioner sought demarcation of land from vested land under the West Bengal Land Reforms Act, 1955. Despite payment of requisite fees, no action was taken by the concerned authorities.
Finding of the Court:
The Tribunal had jurisdiction to decide the matter as it fell under the West Bengal Land Reforms Act, 1955 and the West Bengal Land and Land Reforms Manual, 1991.
Issues: Whether the Tribunal had jurisdiction to decide the matter of demarcation of vested land under the West Bengal Land Reforms Act, 1955.
Ratio Decidendi: The West Bengal Land Reforms Act, 1955 and the West Bengal Land and Land Reforms Manual, 1991 empower the Tribunal to decide matters relating to land, including demarcation of vested land.
Final Decision: The impugned order of the Tribunal was set aside and the respondents were directed to demarcate the Government land within 3 months.
Ray, J.
1. HEARD the learned Advocates appearing for the parties.
2. BY the impugned order dated 10th April, 2008, learned Tribunal below rejected the original application No. O.A. 893 of 2008 (LRTT), wherein the petitioner prayed for necessary direction to the Block Land and Land Reforms Officer to demarcate the vested land of the State adjacent to the land of the petitioner.
The impugned order reads:-
"10.4.08.-Upon hearing both sides and on perusal of the averments in the applicant and annexures thereto, it is spelt out that petitioner's is a case of alleged inaction on the part of the Authority concerned to effect the demarcation despite submission of the requisite fees as per direction. The portion as such is found by us to be suffering from acute vagueness not only is terms of relief prayed for but also in terms of the clarity for survey to be made. That apart, we are not fortified with any provision of law whereby the aforesaid direction was given by the Authority concerned learned Government Representative submitted that there is no such provision under which the direction was given for deposit of money or for undertaking any survey in terms of the notice. Upon hearing both sides, we are pleased to hold that sort of action of the Authority challenged before us do not fail within any activities under the specified Act and as such we are unable to entertain the application and in same stands disposed of accordingly...."
3. IT was the case of the petitioner that the concerned Revenue Officer accepted the appropriate fees for that purpose. Under Rules 23 and 24 of the West Bengal Land and Land Reforms Manual, 1991 the function and business of Block Level Revenue. Officer as well as the Revenue Inspector under him have been prescribed in details. The said Rules read such:-
"23. The Block Land and Land Reforms Office is entrusted with:-
(a) Land Reforms measures such as vesting, taking over possession and distribution of ceiling surplus lands, recording and protection of bargadars, settlement of harvesting disputes, recording of homestead beneficiaries, administration of West Bengal Restoration of Alienated Land Act, etc.,
(b) Settlement and Survey work,
(c) Land management, maintenance of records of rights, land utilization, etc.,
(d) Collection of land revenue, cesses and other Government dues, loans of different kinds etc. and.
(e) Crop survey, agricultural census, etc. Besides, it is expected to assist general administration and magistracy by conducting land-based miscellaneous enquiries and by collection and functioning of information on crop status and natural calamities".
"24. The offices of the Revenue Inspectors, at the Gram Panchayat level have been conceived with the twin objectives of taking the land reforms administration to the Gram Panchayat level, thus catering to and conforming with the 3-tier Panchayat system prevalent in West Bengal and rendering services to the raiyats and bargadars hitherto available only at the Block level. Besides, they are also expected to be the eyes and ears of the land reforms administration at the field level. The Revenue Inspector is entrusted with:-
(a) Collection of land revenue, various cesses and Government dues,
(b) Preparation and maintenance of R.O.R.S.,
(c) Preliminary and consequential action on land reforms and land management functions performed in the office of the B.L.L.R.O.,
(d) Crop survey and agricultural census,
(e) Preventing encroachment on Government land, and
(f) Liaison with the local Gram Panchayat and other Gram Panchayat-based institutions. He will also perform other functions as are or may be entrusted to him by the Board of Revenue from time to time."
4. UNDER Section 61(2) of the West Bengal Land Reforms Act, 1955 the Revenue Officer is empowered to enquire into and decide any question relating to any land in connection with any matter which is required to be enquired into and be decided. The said provision reads such:-
"61 (2) Any Revenue Officer
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