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1976 Supreme(Cal) 306
IN THE HIGH COURT AT CALCUTTA
Amiya Kumar Mookerji, J.
Samsul Hague Molla & Anr. - Petitioners
Versus
State of West Bengal & Ors. - Respondents
Civil Rule no. 1519 (w) of 1976
Decided on : September 1, 1976
For the Petitioners: Binode Behari Giri
For the Respondents: No one
The main legal point established is that the Junior Land Reforms Officer has no jurisdiction to change entries in the record of rights without the authority of the Revenue Officer empowered by the State Government under section 50 of the West Bengal Land Reforms Act 1955.
Headnote:
Jurisdiction - Land Reforms Act 1955 - The court held that the Junior Land Reforms Officer (J.L.R.O.) had no jurisdiction to pass any order recording or changing the entries in the record of rights without the authority of the Revenue Officer especially empowered by the State Government under section 50 of the West Bengal Land Reforms Act 1955.
Fact of the Case:
The Junior Land Reforms Officer started a proceeding to record the names of certain respondents as 'Bargadars' in the record of rights, in place of the names of the petitioners.
Finding of the Court:
The court found that the J.L.R.O. had no jurisdiction to make such changes in the record of rights without the authority of the Revenue Officer empowered by the State Government.
Issues: Jurisdiction of the Junior Land Reforms Officer to change entries in the record of rights without authority under section 50 of the Land Reforms Act.
Ratio Decidendi: The court held that without any notification under section 50 of the Land Reforms Act, the J.L.R.O. had no jurisdiction or authority to start any proceeding for revision of the record for recording the 'Barga' tenancy.
Final Decision: The Rule was made absolute, the impugned order was set aside, and there was no order for costs. The parties were given liberty to settle the disputes over the possession of the land in any appropriate form.
The judgment of the Court was as follows :––
This rule is directed against a proceeding started by the Junior Land Reforms Officer for the purpose of recording in the revisional record of rights the names of certain respondents, as "Bargadars" in respect of certain plots in the place of the names of the petitioners. The J.L.R.O. has no jurisdiction whatsoever to pass any order recording or changing the entries in the record of rights. Under section 50 of the West Bengal Land Reforms Act 1955, it is only the Revenue Officer especially empowered by the State Government who can correct such record of rights. It has been pointed out by this Court in numerous decisions that without any notification under section 50 of the Land Reforms Act, the J.L.R.O. has got no jurisdiction or authority to start any proceeding for revision of the record for recording the "Barga" "tenancy". It is rather unfortunate that uptil now no action has been taken by the State Government to rectify the defects.
2. Under these circumstances, this Rule is made absolute. The impugned order is set aside. There will be no order for costs.
3. I make it clear however, that the parties will be at liberty to settle the disputes over the possession of the land in any appropriate form.
