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IN THE HIGH COURT AT CALCUTTA
SABYASACHI BHATTACHARYYA, UDAY KUMAR
Md. Aslam Khan Lodhi – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Sabyasachi Bhattacharyya, J.
1. The present challenge has been preferred against a judgment passed by the Land Reforms and Tenancy Tribunal, thereby affirming an order of the Thika Controller under the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001.
2. The Thika Controller, by the impugned order, turned down an application filed by the present petitioners claiming that the subject property is not a thika tenancy land and seeking an adjudication of the said question.
3. While dismissing the said application, the Thika Controller held that by a previous order dated August 31, 2010, the Thika Controller had already decided that the private respondent was a thika tenant in respect of the land.
4. The learned Tribunal affirmed such finding by coming to the conclusion that under the provisions of Section 5 (3) of the 2001 Act, which was in force at the relevant point of time when the previous order was passed, the Thika Controller was very much empowered to decide the question as to whether a person is a thika tenant or not, and, as such, the same issue cannot be permitted to be re-agitated under the garb of an application to decide whether the land is a thika pr
The Thika Controller's jurisdiction post-2010 amendment allows adjudication on whether land is thika land, which was not within its power before this amendment.
Waqf property – Thika controller - Waqf Tribunal had no authority to usurp the jurisdiction of the Thika Controller and/or sit in judgment over a decision arrived at by the Controller which has alrea....
If a property has even one pucca structure, it cannot be classified as Thika tenancy under relevant acts, reaffirming established law on tenancy qualifications.
The provisions of the West Bengal Thika Tenancy (Acquisition and Regulation) Act, 2001, are not attracted where no tenancy is created and the parties are merely licensees.
The jurisdiction of Civil Courts regarding Thika tenancy matters is preserved for suits filed under the prior 1981 Act despite the enactment of the West Bengal Thika Tenancy Act, 2001.
The main legal point established in the judgment is that the West Bengal Land Reforms and Tenancy Tribunal had exclusive jurisdiction to entertain disputes touching the provisions of a 'specified Act....
The lease deed dated 03.05.2002 is void as it contravenes the Thika Tenancy Act, prohibiting transfer to non-co-sharers, and the Civil Court lacks jurisdiction in such matters.
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