Decided on March 29,1983



- (1.) THE Revenue Officer, Galsi Settlement Camp, has served a notice upon the petitioner stating, that, Abdul Mabud described as Abdul Sabud, the respondent No; 5, has made an application for recording him as a Bargadar under the petitioner in respect of the land mentioned in one schedule to the said notice. Thereupon, the petitioner has moved this Writ Application challenging the authority of the revenue Officer, Galsi to entertain the said application of the respondent no. 5. The petitioner's contention, inter-alia, is that no Revenue Officer with the additional designation of Settlement officer under Schedule 'a' second proviso clause (i) of Rule 1 of the West Bengal land Reforms Rules had cancelled the records of Rights which have been already attested and such an officer also has not further directed that the R. S. Settlement proceedings be carried out de novo. Therefore, the Revenue Officer, Galsi, who himself is not a settlement Officer has no jurisdiction to enter the name of the respondent no. 5 as bargadar in the Record of Rights in question.
(2.) MR. Laha, who has appeared on behalf of the State, has produced before me a copy of the Notification No. 7666 S and S dated 20th June, 1979, issued by the Board of Revenue, Government of west Bengal, Section-C Sands Branch stating that : "in exercise of the power conferred by clause (12) of section 2 of the west Bengal Land Reforms act, 1955 (West Bengal Act X of 1956), read with paragraph I of Schedule b of the West Bengal Land Reforms Rule, 1965, the Governor is pleased hereby to appoint the following officers, attached to the revisional Settlement Operations under the Directorate of Land Records and Surveys, West Bengal, to discharge the functions of revenue Officer under section 51 of the said Act within their respective jurisdictions : 1) All Settlement Officers 2) All Charge Officers 3) All Special Revenue Officers, grade-II 4) All Kanungos,grade-I 5) All Kanungos, Grade-II this supersedes all previous notifications issued on the subject appointing individual officers as Revenue Officers under the said section. "
(3.) MR. Laha has also placed the following Order No. 176/7414 S78 dated 30th december, 1978 issued by the Settlement officer, Burdwan-Bankura : "in exercise of the power conferred in Schedule A appended to Rule 22 of the West Bengal Land Reforms Rules, 1955, as subsequently amended by Notification No. 3290-L. Ref. dated Calcutta, the 9th September, 1978, I, the undersigned settlement. Officer on my own motion, do hereby direct that names of Bargadars be incorporated in the record of rights at any time before final publication by any Revenue Officer subordinate to me in respect of such mouzas of Bankura and Burdwan districts as are taken up for revision under section 51 of the West Bengal Land Reforms Act, 1955 after giving the persons claiming as Bargadars and the owners of the land concerned such opportunity of being heard as the Revenue Officer may deem fit. ";

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