Back
IN THE HIGH COURT AT CALCUTTA
ARIJIT BANERJEE, APURBA SINHA RAY
Mothabari Dhibar Samabay Samity Ltd. – Appellant
Versus
Uma Kanta Halder – Respondent
JUDGMENT :
Apurba Sinha Ray, J.
1. The Appellant-society’s challenge to the maintainability of the writ petition on the grounds of res-judicata or principles analogous thereto and pendency of the writ petitioner’s original application before the Tenancy Tribunal on similar causes, was overruled by the Learned Single Judge. It was held that the writ petition is not barred by the principle of res-judicata and further, the District Land & Land Reforms Officer, Malda issued the relevant notification not under any specified Act as mentioned in Section 2(r) of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 (Act of 1997 henceforth); rather, he issued the said notification under the auspices of a Committee as per West Bengal Land Reforms Manual, 1991 (Manual 1991 henceforth) which is nothing but a set of principles for guidance of the Officers of the Government of West Bengal. In this regard, the learned Single Judge relied upon the case law reported at 2014 (1) CHN (CAL) 544 (Bhandardaha Beel Matsyajibi Samabay Samity Ltd. Vs. State of West Bengal) and distinguished the case relied upon by the writ petitioner reported in AIR 1997 SC 1125 (L. Chandra Kumar Vs. Union of India &
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 court ruled that the Municipality lacked authority to annul registered exchange deeds without prior governmental approval, and the ADM acted beyond jurisdiction by condoning appeal delays.
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.
The court affirmed that acquisition proceedings lapsed under Section 11A of the Land Acquisition Act, and violation of the principle of Audi Alteram Partem rendered the BL & LRO's order void.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
