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IN THE HIGH COURT AT CALCUTTA
SUJOY PAUL, C.J., HIRANMAY BHATTACHARYYA
Prasenjit Bhakat Gupta @ Prasenjit Prasad Gupta (Bhakat) – Appellant
Versus
State Of West Bengal – Respondent
JUDGMENT :
Hiranmay Bhattacharyya, J.
1. A Public Interest Litigation being WPA (P) 263 of 2021 was filed by Pakuahat Social Welfare Society and others praying for a direction upon the respondent authorities to make a proper enquiry with regard to illegal transfer of the “Hat” and to take appropriate action against the illegal transfer of government properties.
2. Pakuahat is a Hat situated at Mirjapur under Bamangola Police Station in the district of Malda. It was alleged in the said Public Interest Litigation (for short “PIL”) that in the year 1980, the lands of the Hat were transferred by the recorded owners though the lands of the said Hat stood vested to the State free from all encumbrances.
3. The said PIL was disposed of by an order dated 18.04.2023 by passing directions upon various authorities. The operative portion of the said order is extracted hereinafter-
“3. In the light of the above, the writ petition stands disposed of with the following directions.
4. The competent authority under the 1953 Act or any other related enactments shall make and commence enquiry into the matter and issue notice to all such purchasers of lands which are recorded as vested lands in the revenue r
The main legal point established in the judgment is the interpretation and application of the provisions of the West Bengal Estates Acquisition Act, 1953, and the West Bengal Land Reforms Act, 1955, ....
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....
Exchange of the land transferred to a post vesting transferee - EA Act does not provide for any exchange mechanism.
Order passed without impleading necessary party and without giving opportunity to him cannot be sustained.
The judgment emphasizes the importance of continuous rent receipts and evidence of possession in validating land settlements under the Bihar Land Reforms Act, 1950. It also highlights the significanc....
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