P.K.Ray, J. - (1.) Insert writ application is directed challenging the order dated 23rd June, 2000 passed by West Bengal Land Reforms and Tenancy Tribunal, whereby and whereunder direction was given to the Block Land and Land Reforms Officer to hold enquiry under section 14T(5) of the West Bengal Land Reforms Act, 1955, hereinafter referred to as said Act, in the manner laid down in the said provision and dispose of in accordance with law. It was further directed by the impugned order that on conclusion of the enquiry under section 14T(5) of the said Act, the proceeding under section 14T(3) of the said Act would be decided and concluded.
(2.) This writ application has been filed with the following prayers :- "A. A writ of and/or in the nature of Mandamus, commanding the Respondents, their men, agents and subordinates why the order dated 23.6.2000 in O.A. No. 691 of 2000 (LRTT) passed by Hon'ble Mr. K.L. Mukhopadhaya, Administrative Member and Hon'ble Mr. K.J. Majumder, Judicial Member, concerning the portion "The concerned Block Land and Land Reforms Officer is directed to hold an enquiry under section 14T(5) of the act in the manner laid down in the provisions and dispose it of in accordance with law. He will be at liberty to draw up proceeding under section 14T(3) of the Act after the conclusion of the enquiry under section 14T(5) of the Act" should not be quashed, cancelled and set aside; B. A declaration that the provisions of Chapter IIB of the West Bengal Land Reforms (2nd, Amendment) Act came into force in 15th February, 1971 and the provisions of section 14T(5) of the said Act can not go beyond the date of the Act i.e. from February 1971 even if assuming without admitting that the said provisions has given retrospective operation and as such the section 14T(5) of the Act can not have any retrospective operation; C. A writ of and/or in the nature of Certiorari, calling upon the Respondents to transmit and certify the records of the proceedings to this Hon'ble Court so that the conscionable justice may be done; D. Rule Nisi in terms of prayers A to C as above; E. Costs of the petition and incidental to this petition; F. Any other appropriate writ or writs, order of orders direction or directions; G. An interim order of injunction restraining the Respondents, their men, agents and subordinates from proceeding any further with enquiry proceeding under section 14T (5) of the West Bengal Land Reforms Act pursuant to the order passed in O.A. No. 691 of 2000 (LRTT) by the learned Tribunal, and further restraining the Respondents, their men, agents and subordinates from disturbing in any manner with the peaceful possession of the petitioners in respect of the lands, till the disposal of the Rule."
(3.) The fact leading to the writ application is as follows :- The writ petitioner's father Dharani Dharan Das since deceased by registered Nirupan Patra gifted his lands to his three sons, sometime in the year 1963 and the writ petitioners in pursuance of such registered documents got their names mutated in the record of rights as prepared under the West Bengal Land Reforms Act. The petitioners are enjoying the property since date of execution of the said registered deed. Dharani Dharan Das breathed last in the year 1976. A proceeding being case No. 13/97 under section 14T(3) read with Rule 14 of the West Bengal Land Reforms Rules, hereinafter referred to as said rule was initiated in the name of Dharani Dharan Das and some lands were vested. Since certified copy was not available of the said order, writ petitioners got the same in terms of the order and direction passed by the Hon'ble Court in WP No. 15153 (W) of 1999 being the order of Prabir Kr. Samanta, J.;