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ARIJIT BANERJEE, APURBA SINHA RAY
State of West Bengal – Appellant
Versus
Abdul Odud – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. The writ petitioner/respondent No. 1 purchased 4 decimal of land on 13.07.1990 by virtue of a registered Deed of Sale, from the recorded owner Calcutta Road Transport Co-operative Society Limited and has been running a petrol pump thereon under the name and style of “Tutul Fuelling Centre”. The said 4 decimal of land is adjacent to a government land measuring about 22 decimals comprised in Plot no. 5240. For the purpose of expansion of his petrol pump business the writ petitioner submitted an application before the District Land and Land Reforms Officer, Hooghly for granting long term lease in respect of the said 22 decimals of land on 09.04.2012, which was received by the office of the addressee on 11.04.2012. As there was no response from the concerned authority, the writ petitioner again submitted a representation dated 29.08.2012 but in vain. Thereafter the writ petitioner filed an application under Section 10 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 before the Land and Land Reforms Tenancy Tribunal and the same was disposed of on 08.08.2013 by the Tribunal directing the DL&LRO Hooghly to dispose of the representation of t
The main legal point established in the judgment is that the respondent's application for long term settlement was not governed by the relevant notification, and the respondent did not have a legal r....
An application for government land settlement confers no vested right. Administrative authorities may consider subsequent material facts, such as the acquisition of private land, to determine eligibi....
Compliance with Rule 95A of the Settlement Rules before using or disposing of grazing grounds, and the power of the Deputy Commissioner to recommend denotification of VGR land.
The court established that higher authorities cannot exercise statutory powers of lower authorities, and actions against interim orders are illegal.
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