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1951 Supreme(Cal) 166

HARRIES, DAS
Narendra Nath Sashmal – Appellant
Versus
Binode Behari Dey – Respondent


Advocates:
Sarat Chandra Janah with Bankim Chandra Roy, for Petitioner - Binode Behari Haldar, for Opposite Parties.

Judgement

HARRIES, C. J. :- This is a petition for revision of orders of a Bhag Chas Conciliation Board and of an Appellate Officer under Art. 227 of the Constitution of India.

2. The present petitioner cultivated a big area of land in two moujas in the Sunderban area and for this purpose he entered into an agreement with the opposite parties who cultivated the land as bhagchasis.

3.On 9-1-1951 one of the bhagchasis, Benode Behari De, filed a petition before the Bhagchas Conciliation Board and this he appeared to do on behalf of himself and a number of other bargadars. The petitioner filed an objection and contended that this application was not in form in that it was vague and indefinite and the names of the other bhagchasis were not given. The area, location and other particulars of the lands cultivated were not given and the petition was not verified as required by R. 6 Sub-R. (2) of the rules made under the West Bengal Bargadars Act.

4. The Board directed by an order that each bhagchasi should file a separate petition in conformity with R. 6 of the said rules. Separate applications were then filed, but it is to be observed that no copies of these applications were served on the pet

















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