The High Court's contempt jurisdiction cannot be taken away by enactment of any law, and the Tribunal established under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, cannot assume jurisdiction with regard to the rights and relief claimed in a writ petition seeking implementation of an order passed in exercise of the High Court's contempt jurisdiction.

D.K. Seth, J.

Learned Counsel for the petitioner Mr. Sadananda Ganguly had drawn my attention to the order dated 19.1.1996 passed in writ petition No. C.O. No. 10450(W) of 1994 while disposing of the contempt application dated 19.9. 1995. He contends that the petitioner is not asking for any relief with regard to the rights relating to the land. He is only seeking compliance of an order passed in a Contempt Proceeding before this Court with regard to which the Tribunal established under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 cannot assume jurisdiction. Therefore, the respondents should be directed to act in terms of the order dated 19.1.1996 passed on the contempt application.

2. Learned Counsel for the respondents on the other hand contends that this writ petition is not maintainable in view of sections 7 and 8 of the 1997 Act since the question related to adjudication regarding the correction of record of rights in order to enable the petitioner to receive the compensation. Without such correction in the record of rights, the petitioner cannot claim any compensation since the land was treated to be vested which was the subject matter of the said writ petition C.O. 10450 (W) of 1994, disposed of on 15.6.1995. He contends that unless the writ petition is maintainable, this Court cannot enter into the adjudication of the rights as claimed by the petitioner and cannot grant any relief herein.

3. I have heard both the Counsels at length.

C.O. 10450 (W) of 1994 was disposed of on 15.6.1995 restraining the respondents from taking possession of the petitioner's land or by laying the said land with Debuttar land since the Debuttar had already been declared by too competent authority as Public Debuttar. In the present case it was alleged by the petitioner that the said land belongs to the wife of the Shebait of the Debuttar though he had engaged one person to cultivate the said land at his own cost. The land was ultimately acquired for the purpose of laying down pipes of the Indian Oil Corporation for transmission of oil to Barauni. Therefore the petitioner is entitled to the compensation payable therefore. But without issuing any notice to the petitioner, Notice was issued to whom the petitioner had engaged for cultivating the land. The respondents had taken a stand that the land having been vested the petitioner cannot claim any right. But the said question was dealt with by this Court in the Contempt Application dated 19.9.1995 filed in C.O. 10450 (W) of 1994 in the following manner:

"Since the vesting order of 5.39 acres of land stand quashed by this order, vesting of plot No. 873 appertaining to Khatian No. 500 in Mouja Sujanagar No. JL 53 under Police Station Daspur, Dist-Midnapore, belonging to the Shebait's wife which land is also included in the total land schedule of the Shebait's wife being Himangshu Bala Guin should also be allowed to be retained by the Shebait and his wife. It is contended by Mr. Ghosh that Patta has already been granted in favour of third party in respect of the said plot which is denied and disputed by Mr. Das, learned advocate appearing on behalf of the alleged contemnors who on instruction from the alleged contemnor who is present in Court, categorically states that no Patta has been granted in respect of the said plot. Such being the position, the question of annulment of Patta does not arise.

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The alleged contemnors are directed to correct its records and also to prepare the record of rights accordingly without any delay."

4. It appears from the said order that the order was passed on the contempt application on account of violation of the order dated 15.6.1995 passed in the said writ petition. The Tribunal was not established till 1997 Act came into force and as such the order that was passed on the writ petition as well as on the contempt application were well within the jurisdiction of this Court until the Tribunal was established. Though, however, the Tribunal has