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IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD.SHABBAR RASHIDI
State of West Bengal – Appellant
Versus
Aswapati Singhania – Respondent
JUDGMENT :
DEBANGSU BASAK, J.
1. State of West Bengal has applied for review of the order dated September 13, 2023 passed in WPLRT 124 of 2022.
2. Learned Senior Advocate appearing for the review applicant has submitted that by virtue of a notification issued subha karmakar subha karmakar Date: 2025.06.25 under Section 4(1) of the West Bengal Estate Acquisition Act, 1953, all estates and rights of the intermediaries in Purulia District stood vested in the State free from all encumbrances on April 14, 1964.
3. Learned Senior Advocate appearing for the review applicant has submitted that, land belonging to the then intermediary namely Srilal Marwari vested in the State by operation of law. He has pointed out that, Srilal Marwari did not furnish choice of retention in Form-B within the stipulated date on July 31, 1964. Therefore, in 1971, suo moto proceeding had been initiated providing the intermediary to exercise its choice of retention under Section 6(5) of the Act of 1953. Son of Srilal Marwari namely Gokul Prasad Marwari had appeared in the hearing and submitted that Form-B on behalf of the Srilal Marwari. From the land schedule attached to such proceedings, it transpires that 16.63
The main legal point established in the judgment is that post vesting transferees have no right to undertake retention under the West Bengal Estate Acquisition Act, 1953.
The SDL & LRO retains jurisdiction under specific sections to adjudicate land retention, while previous unchallenged orders attain finality, limiting reopening unless jurisdictional flaws are proven.
Exchange of the land transferred to a post vesting transferee - EA Act does not provide for any exchange mechanism.
The Revenue Officer of the State lacks the statutory authority to review vested land orders under the West Bengal Estates Acquisition Act without explicit legislative provision, affirming separation ....
The main legal point established in the judgment is the entitlement of legal heirs to retain land as independent units under the West Bengal Estates acquisition act, 1953, based on the devolution of ....
Order passed without impleading necessary party and without giving opportunity to him cannot be sustained.
The non-agricultural tenant is exempted from the vesting provisions of the West Bengal Estates Acquisition Act, 1953, confirmed by the retrospective effect of Section 3A of the West Bengal Land Refor....
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