Khaliluddin Mia & Ors vs The State Of West Bengal & Ors
2022 Latest Caselaw 7283 Cal

 31.10.2022
Sl. No.72(DL)
    srm
                                   W.P.A. No. 4269 of 2022

                                   Khaliluddin Mia & Ors.

                                               Vs.

                                The State of West Bengal & ors.


                        Mr. G.F. Hossain,
                        Ms. Priyanka Mandal
                                                         ....for the Petitioners.

                        Mr. Ansar Mondal,
                        Mrs. Srilekha Bhattacharyya
                                                ...for the State-respondents.

Affidavit of service is taken on record.

According to the petitioners, the order of vesting of

the concerned non-agricultural lands had been set aside in

a civil suit.

It is submitted that the right, title and interest of the

petitioners in respect of the plot (tank fishery) was

declared by the learned civil court and the State of West

Bengal was permanently injuncted from disturbing the

peaceful possession of the petitioners in respect of the said

plot. It is submitted that even in the appeal the state

respondents were unsuccessful. The appeal had abated,

and no steps had been taken. Reliance has been placed on

the judgment of the learned civil court in support of the

contention that the civil court had found on evidence that

the plot was allegedly a tank fishery and used for

pisciculture. Contrary evidence could not be adduced by

the state. The factum of the possession of petitioner was

also decided by the civil court.

The petitioners approached the authorities for

correction of the record of rights as the land continued to

be recorded in the name of the State under khatian No.1.

The authorities did not take any steps and the petitioners

filed an original application before the West Bengal Land

Reforms and Tenancy Tribunal. It appears that the Block

Land and Land Reforms Officer, Gangarampur, Dakshin

Dinajpur, was directed to dispose of the representation of

the petitioners in accordance with law, upon hearing all

the parties. The specific stand of the State-respondents

before the learned Tribunal was that the judgment and

decree was void ab initio in view of the specific bar of the

jurisdiction of a civil court on the subject of vesting.

The petitioners now allege that until the Block Land

and Land Reforms Officer decides on the representation

filed by the petitioners with regard to the correction of

record of rights, the panchayat authorities should not hold

any auction for grant of lease of the suit plot which is a

pond/tank.

There is nothing on record which would indicate

that the panchayat authorities have taken any steps to hold

a public auction. Cause of action to file a writ petition has

not arisen. The writ petition is based on apprehension. No

restraint order can be passed by this Court. The petitioners

have approached the Pradhan of 11 No.Ashokgram Pram

Panchayat, District-Dakshin Dinajpur, in this regard.

The Block Development Officer, Gangarampur,

Dakshin Dinajpur is directed to dispose of the

representation of the petitioners made through their

learned Advocate dated December 18, 2021 in accordance

with law upon hearing the petitioners and all other

interested parties. A reasoned order shall be passed and

communicated to all.

It is made clear that the petitioners shall take

expeditious steps for a decision by the Block Land and

Land Reforms Officer with regard to the disposal of the

pending representation.

This Court has not gone into the merits of the

allegations.

This order shall also not be constructed as a

declaration or an opinion of the Court on the right of the

petitioners or on the correctness of the decree passed by

the learned civil court.

The writ petition is, thus, disposed of.

There shall be no order as to costs.

Parties are to act on the basis of the server copy of

this order.

(Shampa Sarkar, J.)