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2014 Supreme(Cal) 82

JYOTIRMAY BHATTACHARYA, ISHAN CHANDRA DAS
Bankim Chandra Naskar – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
For the Petitioner:Ramapati Roy, Miru Hazra, Advocates.
For the Respondent:Jaharlal De, Samim ul Bari, Champak Ghosh, Mitusree Boral, Advocates.

JUDGMENT

1. This writ petition is directed against the judgment and/or order dated 21st December, 2012 passed by the West Bengal Land Reforms and Tenancy Tribunal, First Bench in O.A. No. 810 of 2005 (LRTT) at the instance of the writ petitioner who was the applicant before the Tribunal. Two questions have cropped up for our consideration. Those are as follows:-

“1. whether the Tribunal has any jurisdiction to grant police help under the provision of the West Bengal Land

Reforms and Tenancy Tribunal Act, 1997,

2. Whether a cousin (brother) can be declared as Bargadar under his cousin (brother) in respect of a joint property held by the two cousin (brothers) in equal share.

Let us now decide the first question as indicated above.

Section 6 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 deals with jurisdiction, power and authority of Tribunal. The said section is set out hereunder:-

“Section 6- Jurisdiction, power and authority of Tribunal –– Subject to the other provisions of this Act, the Tribunal shall, with effect from such date as may be appointed by the State Government by notification in this behalf, exercise jurisdiction, power and authority in relation to ––

(a





































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