High Court of Judicature at Calcutta
SUBHRO KAMAL MUKHERJEE & SAHIDULLAH MUNSHI, JJ.
Bhandardaha Beel Matsyajibi Samabay Samity Limited & Another
Versus
State of West Bengal & Others
M.A.T. No. 1799 of 2013 with C.A.N. No. 11402 of 2013 (Appellate Side)
Decided On : 23-12-2013
Subhro Kamal Mukherjee, J.
This is an appeal against judgement and order dated November 21, 2013, passed by the Hon’ble Single Judge in W.P. No. 34089 (W) of 2013, inter alia, dismissing the writ petition with liberty to the petitioners to approach the West Bengal Land Reforms and Tenancy Tribunal in accordance with law.
In the writ petition a tender notice dated November 8, 2013, issued by the District Land and Land Reforms Officer, Murshidabad, for and on behalf of Government Tank Fisheries Settlement Committee, was impugned.
The Hon’ble Single Judge was of the opinion that although the impugned tender notice was not issued in exercise of any power conferred by any specified Act as defined in the West Bengal Land Reforms and Tenancy Tribunal Act, 1997, it was, indeed, one that could be characterized as an activity of the District Land and Land Reforms Officer pertaining to a matter connected with or incidental to the Land Reforms. Therefore, in view of the provisions of Sections 7 and 8 of the said Act, the dispute raised in connection with such tender notice had to be tried, initially, by the Tribunal.
Being aggrieved by and dissatisfied with the said order of dismissal of the writ petition, the writ petitioner filed this appeal.
The West Bengal Land Reforms and Tenancy Tribunal Act, 1997, was enacted to provide for setting up of a Land Reforms and Tenancy Tribunal in pursuance of Article 323 B of the Constitution of India and for adjudication and trial by such tribunal of disputes, claims, objections and applications relating to or arising out of land reforms or tenancy in land and other matters specified under a Specific Act and for matters connected therewith or incidental thereto.
Sub-section (b) of Section 2 of the said Act defines authority as an officer or authority or functionary exercising powers or discharging functions as such under a specified Act.
Under Sub-section (r) of Section 2 of the said Act specified Acts are as under:
(i) the West Bengal Estate Acquisition Act, 1953; or
(ii) the West Bengal Land Reforms Act, 1955; or
(iii) the West Bengal Restoration of Alienated Land Act, 1973; or
(iv) the West Bengal Acquisition of Homestead Land for Agricultural Labourers, Artisans and Fisherman Act, 1975; or
(v) the West Bengal Premises Tenancy Act, 1997;
(vi) the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
Section 6 of the said Act prescribes the jurisdiction, power and authority of the said tribunal. It provides that the tribunal shall exercise jurisdiction, power and authority in relation to –
(a) any order made by an authority under a specified Act;
(b) an application complaining inaction or culpable negligence of an authority under a specified Act;
(c) an appeal against an order of the Mines Tribunal appointed under Section 36 of the West Bengal Estates Acquisition Act, 1953;
(d) applications relating to matters under any provision of a specified Act or matters relating to any constitutional validity of any Act under the provisions of a specified Act;
(e) adjudication of matters, proceedings, cases and appeals which stand transferred from the High Court and other authorities to the Tribunal in accordance with the provisions of this Act.
Section 8 of the said Act excludes the jurisdiction of the Courts and prohibiting the Courts not to entertain any proceeding or application or exercise any jurisdiction, power or authority in relation to adjudication or trial of disputes or applications relating to land reforms or any matter connected therewith or incidental thereto or any other matter under any provision of a specified Act.
However, the power of the High Court exercising jurisdictions under Articles 226 and 227 of the Constitution of India by a division bench and the Supreme Court of India was recognised.
Mr. Soumya Majumdar, learned advocate appearing in support of this writ petition, submits that in the writ petition the petitioners have not challenged any order under a specified Act made by an auth
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