Satyabrata Sinha, J. - (1.) A notice issued by the Revenue Officer, Hasnabad, District North 24-Parganas was the subject-matter of an Original Application before the West Bengal Land Reforms & Tenancy Tribunal. The said notice was issued pursuant to an application filed by Md. Afsar Ali Mondal praying therein for recording his name as Bargadar.
(2.) The learned Tribunal by and order dated (sic) dismissed the said application in limine stating:- "It appears that the R.O. is duty bound to dispose of such application in accordance with law. In such circumstances, the application for quashing the said notice appears to be premature. The applicants may very well appear before the R. O. concerned and state their case and wait for disposal of the said application filed by the respondent No. 10. The Revenue Officer attached to the office of the B. L. & B.L.R. Hasnabad, District North 24-Parganas is directed to dispose of the Barga recording proceedings case No. 36/99 after giving an opportunity of hearing to the applicants, in accordance with law."
(3.) Mr. Narayan Chandra Mondal, the learned Counsel appearing on behalf of the petitioner has raised a short question in support of this application. The learned Counsel submits that for the purpose of revision of record-of-rights by insertion of names of Bargadar, the Revenue Officer is not an appropriate authority as he does not have the additional designation of Settlement Officer. In support of the said contention strong reliance has been placed to a judgment of this Court in Sachinandan Bag & Anr. v. Revenue Officer, Central Camp, Panchkura & Ors. reported in 85 CWN page 383 . In the said case, the only question raised was that in terms of Section 51 of the West Bengal Land Reforms Act, 1955 for preparation and/or revision of record-of-rights and when for the said purpose various stages having been completed, it would not be prudent keeping in view the second proviso appended to Schedule-A framed under Rule 22 of the West Bengal Land Reforms Rules that a very Superior Officer namely the Revenue Officer with additional designation of a Settlement Officer can either on his own motion or on receipt of applications from others at any time before the final publication of the record-of-rights, direct that names of Bargadars should be incorporated in the record-of-rights by the Revenue Officer subordinate to him after holding such enquiry in terms of Clause (ii) of the second proviso and such superior Revenue Officer can also direct for cancellation of any portion of the proceedings in respect of the revision or preparation of the record-of-rights before final publication to carry out proceedings de novo from such stage.;