The legal heir of a deceased recorded Bargadar has no right to file an application for correction of the record of rights under Section 50 of the West Bengal Land Reforms Act, 1955, as the name of the legal heir is recorded automatically on the death of the predecessor-in-interest.

Heard learned Advocates appearing for the parties.

2. Assailing the order dated 1st March, 2011 passed in O.A. No. 3030 of 2006 (LRTT) by the West Bengal Land Reforms and Tenancy Tribunal, Third Bench, this writ application has been filed.

3. The impugned order reads such:-

“01.03.11. Mr. Biswa Priya Ray, Ld. Advocate is appearing for the applicant.

Ld. Government Representative is present.

Ld. Government Representative files report annexing the copy of the order passed by the Revenue Officer, Pandua, District-Hooghly, in Misc. Case No. 36/Pandua/1999. The report and the copy of the proceeding be kept with the record. Copy served upon Mr. Biswa Priya Ray, Ld. Advocate for the applicant.

We have heard both sides. It appears that in compliance of the order passed by the Hon’ble High Court, Calcutta concerned authority initiated proceeding being Misc. Case No. 36/Pandua/1999. The copy of the information regarding recording the suit land in favour of the applicant has also been filed by the concerned authority with his report.

As the matter has already been disposed of, so no further direction is required from this end in O.A. No. 3030 of 2006.

In these terms the O.A. No. 3030 of 2006 is disposed of….”

4. The case has a chequered history. Initially, the petitioner moved the writ application being W.P. No. 12974 (W) of 1998 praying for disposal of his representation dated 30th September, 1997 as filed before the concerned Revenue Officer raising the dispute about barga cultivation. This writ application has been disposed of by Amitava Lala, J. (as His Lordship then was) directing the concerned Revenue Officer to dispose of the said application. A proceeding was initiated in terms of the said order of the Hon’ble High Court, Calcutta by the concerned Revenue Officer being Misc. Case No. 36/Pandua of 1999 under the cause-title Abdul Odud, the present petitioner –vs- Deba Hansda & Ors. In the said proceeding, the present petitioner admitted Barga right of Deba Hansda. The order of the Revenue Officer dated 1st June, 1999 reads such:-

“Both the parties appeared. Haziras enclosed. Heard both the parties. The 1st party agreed that the disputed plot has been cultivating by the recorded Bargadar named by Deba Hansda.

Adhering strictly to the principles of justice and norms generally adopted for rewarding the name of a bargadar I have no ambiguity to say that the name of the bargadar has been recorded in due process of law.

In consideration of the above there is no such ground to delete the name of the bargadar or to cancel the barga certificate which has been issued by RO. Pandua.

Hence the case is disposed of.”

5. It is the case of the petitioner before us that said Deba Hansda breathed last in the year 2000. The legal heir of Deba Hansda, Lakshmiram Hansda, did not approach the concerned Revenue Officer for recording his name as Bargadar claiming legal heirship within 30 days from the date of death of his father, the recorded Bargadar. But petitioner was surprised from the recording of the name of Lakshmi Hansda at the time of L.R. Settlement operation as proceeded under Section 51A of West Bengal Land Reforms Act. But subsequently he filed an application for correction of L.R. record of rights, finally published, under L.R. Settlement, by deleting the name of Lakshmiram Hansda whose name was recorded as Bargadar. The application as filed annexed at page 39 of the writ application. In the application, it is only mentioned that Lakshmiram Hansda has recorded his name as Bargadar illegally. Except that submission there is no whisper in the application that father of Lakshmiram Hansda was the recoded Bargadar who breathed last while cultivating land as Bargadar. Besides such, in terms of Section 51A of the West Bengal Land Reforms Act, 1955 no objection filed against the draft publication of record of rights and there was no objection against the final publication of record of rights. Section 51A of the West Bengal Land Reforms Act,