Bhagabati Mondal And Others vs The State Of West Bengal And Others
2021 Latest Caselaw 6636 Cal

12   24.12.             IN THE HIGH COURT AT CALCUTTA
     2021                      Constitutional Writ Jurisdiction
                                       Appellate Side.
     Ct. No. 04
                                           -----------

Ab

WPLRT 76 of 2021

Bhagabati Mondal and others.

Vs.

The State of West Bengal and others.

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Mr. Md. Sarwar Jahan, Mr. Md. Ashraful Huq.

... for the Petitioners.

Mr. T.M. Siddiqui.

... for the State.

The affidavit of service filed in Court today is kept with the record.

Despite service there is no representation on behalf of the private respondent. The State is represented. The father of the petitioners was arraigned as respondent no. 7 in the tribunal application and died during pendency thereof. No attempt was taken to substitute the petitioners as heirs and legal representatives, who succeeded to the estate of the said respondent no. 7 and, therefore, the petitioners have sought for a leave to file the instant writ application. Since the petitioners have succeeded to the estate of the respondent no. 7 and the dispute pertains to the immovable property, we grant such leave. The instant writ application is filed challenging an order dated 13th February 2020 passed in OA 846 of 2011 wherein the order passed by the Revenue Officer under Section 54 of the West Bengal Land Reforms Act, 1955 was set aside and the concerned authority was

directed to rehear the matter upon giving due weightage to the judgment and decree of the civil court and the other documents.

A point has been raised that once the record of rights was modified/corrected on the basis of a deed, which was subsequently declared by the civil court to be void, whether the authority can refuse to correct the record of rights simplicitor on the plea that at the relevant point of time the correction was made, the deed was found valid.

Such point needs to be considered. Let this matter be listed two weeks after reopening of this Court following Christmas Vacation for the year 2021 under the heading 'Motion'. In the meantime, there shall be stay of all further proceedings pending before the District Land and Land Reforms Officer, Murshidabad, till eight weeks after reopening of this Court following Christmas Vacation for the year 2021 or until further order/orders of this Court, whichever is earlier.

(Harish Tandon, J.)

(Rabindranath Samanta, J.)