SABYASACHI MUKHARJI
Biswanath Ghosh – Appellant
Versus
State of West Bengal – Respondent
In these writ applications which I have taken up for consideration together I am called upon to consider the propriety of the measures taken to record the names of Bargadars or alleged Bargadars or share-croppers. The said procedures which have been initiated and are causing certain amount of public attention and in some quarters criticism are sometimes loosely referred to as "Operation Barga". In these applications, therefore, I have to consider the relevant provisions of the different statutes under which the act of the recording of the Bargadars is done and the rules and regulations relevant in respect of these as well as the actual procedures followed. The plain grievance of the petitioners is that the procedure followed so far in most of the cases have been contrary to the provisions of the relevant statute, rules framed thereunder and the appropriate notifications or instructions applicable. It is, further, the grievance of many of the petitioners that the actions of the concerned authorities have been carried out in a most high-handed and arbitrary manner and allegations have been made that the actions taken were motivated by political purposes and have been used b
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