The court affirmed that land once vested in the government under nationalization cannot be claimed by previous lessees or their heirs, emphasizing the importance of legal title over mere possession.

JUDGMENT :

Bivas Pattanayak, J.

1. This writ petition is filed by the petitioner seeking direction upon the respondent authorities to take necessary steps to stop the process of acquisition of the subject land without due process of law.

2. The petitioner contends as follows:

(i) The predecessor-in-interest of the petitioner namely Mahadeb Mandal was the absolute owner and possessor of the scheduled property comprised within plot no. 198 to 251, 50, 51, 53 to 56, 60 to 67, 160, 161, 163 to 165, 196, 206, 208 to 213, 237, 239, 240, 302, 303, 311, 312, 380, Khatian no. 198, under Mouza-Charanpore, Barabani, District-Paschim Bardhaman measuring more or less 34.2 acres of land.

(ii) The brother of petitioner namely Thakurdas Mondal filed a civil suit being Title Suit no. 294 of 1964 seeking permanent injunction and declaration against the leaseholder that the lease period is over. The said suit was decreed on compromise and the possession of the schedule land was handed over to the petitioner. Since then, the petitioner along with other co-sharer are in vacant peaceful possession of the land-in-question by residing and also carrying on agricultural activities.

(iii) Inadvertently in the record-of-rights the name of the leaseholder has been recorded. The petitioner made an application before the appropriate authority for correction of record-of-rights and upon enquiry by the Junior Land Reforms Officer it was found that the predecessor-in-interest of the petitioner namely Mahadeb Mandal was in possession of the land in question which is reflected in the enquiry report dated 17th February 1983.

(iv) Since the corrections in the record-of-rights were not affected by the authority concerned, the petitioner preferred an application before the West Bengal Land Reforms and Tenancy Tribunal (in short, ‘WBLRTT’) being no. 3501 of 2018. The said application was disposed of directing the Block land and Land Reforms Officer to dispose of the representation of the petitioner within a period of six months from the date of filing such representation.

(v) On 12th March, 2019 the petitioner submitted a representation. A written statement was filed by Bhanora West Block Colliery contending that the land-in-question is the leasehold property of Bhanora Colliery and it belonged to M/s Apcar Colliery before nationalisation of collieries and after nationalisation the land-in-question had automatically been possessed by Eastern Coalfields Limited. The prayer of the petitioner for correction of record-of- rights was rejected by the Block Land and Land Reforms Officer.

(vi) Challenging the aforesaid order, the petitioner and others filed a writ petition being W.P no. 19665 (W) of 2019, which is still pending for disposal.

(vii) The respondents are trying to grab the entire land by way of acquisition without giving any opportunity and a prior notice to the petitioner. On 13th February 2023 some men, claiming themselves to be the workers of the respondent no.2, Chairman-cum-Managing Director, Eastern Coalfields Limited, came to plot no.311 and adjacent plots for causing survey and starting construction work. From them the petitioner came to learn of such acquisition of the land-in-question by respondents-Eastern Coalfields Limited.

(viii) Notice issued on 30th July 2022 for acquisition of certain land including the land of the petitioner by the respondent authorities, till date has not been served upon the petitioner.

(ix) Being aggrieved by and dissatisfied with the said action of the respondent authorities, the petitioner has preferred the present writ petition.

3