PRADEEP KUMAR MASKARA Vs. STATE OF WEST BENGAL
LAWS(SC)-2014-10-30
SUPREME COURT OF INDIA (FROM: CALCUTTA)
Decided on October 17,2014

Pradeep Kumar Maskara Appellant
VERSUS
STATE OF WEST BENGAL Respondents


Referred Judgements :-

GANGADHAR SINGH VS. STATE OF WEST BENGAL [REFERRED TO]
SHANTI DEVI VS. STATE OF HARYANA [REFERRED TO]
NAND KISHORE AHIRWAR AND ANR. VS. HARIDAS PARSEDIA AND ORS [REFERRED TO]
STATE OF ASSAM VS. RIPA SARMA [REFERRED TO]



Cited Judgements :-

ALL INDIAN ADIVASI EMPLOYEES FEDERATION VS. RESERVE BANK OF INDIA, THROUGH ITS REGIONAL DIRECT [LAWS(BOM)-2018-4-62] [REFERRED TO]
ARUR SINGH VS. STATE OF RAJASTHAN [LAWS(RAJ)-2020-1-39] [REFERRED TO]
SHRAMJEEVI COOPERATIVE HOUSING SOCIETY LTD. VS. DINESH JOSHI [LAWS(SC)-2023-3-83] [REFERRED TO]
STEEL AUTHORITY OF INDIA LTD. VS. STATE OF M.P. AND ANOTHER [LAWS(CHH)-2017-11-49] [REFERRED TO]
SHABIR TEELI VS. STATE OF JAMMU AND KASHMIR AND ORS. [LAWS(J&K)-2015-7-26] [REFERRED TO]
NEMU MOOLYA VS. JANAKI SINCE DEAD [LAWS(KAR)-2016-7-121] [REFERRED]
K.K. RAJESH VS. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY AND OTHERS [LAWS(KER)-2018-5-297] [REFERRED TO]
MATHEW KOSHY VS. SAJI VARGHESE AND OTHERS [LAWS(KER)-2017-2-307] [REFERRED TO]
KHEPU SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2016-5-81] [REFERRED TO]


JUDGEMENT

- (1.)Leave granted.
(2.)These appeals by special leave are directed against the common judgment and order dated 20.3.2009, passed by the Division Bench of High Court of Calcutta in W.P.L.R.T. Nos. 728 of 2002, 429 of 2002 and 430 of 2002, whereby the High Court dismissed the aforementioned Writ Applications holding that the question as to whether Chapter IIB of the West Bengal Land Reforms Act would be applicable qua the appellants in view of the fact that they belonged to a place which was in erstwhile State of Bihar and by virtue of the State Reorganisation Act, their lands were included in the State of West Bengal was decided against the appellants relying on the judgment in case of Ganga Dhar Singh & Ors. vs. State of West Bengal and Ors.,1997 2 CalHN 140.
(3.)The facts giving rise to the present appeals are that the appellants, presently residents of Dalkola, sub-divisional town in the District of North Dinajpur, West Bengal, had certain ancestral lands in the said town. On 30.3.1956, the West Bengal Land Reforms Act, 1955 came into force and the lands of the appellants were transferred from State of Bihar to State of West Bengal by virtue of the enactment of Bihar and West Bengal (Transferred Territories) Act, 1956, which came into force w.e.f. 19.10.1956.


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