MANGAL CHANDRA MANNA Vs. JUNIOR LAND REFORMS OFFICER, SANDESHKHALI
LAWS(CAL)-1980-6-32
HIGH COURT OF CALCUTTA
Decided on June 06,1980

Mangal Chandra Manna Appellant
VERSUS
Junior Land Reforms Officer, Sandeshkhali Respondents

JUDGEMENT

G.N. Ray, J. - (1.) This Rule is directed against issue of notices by the Junior Land Reforms Officer, Sandeshkhali Circle II in the district of 24 Parganas being Annexure 'A' or the writ petition. By the aforesaid memo, the Junior Land Reforms Officer had directed the petitioner and others as referred to in the petition to refrain from cultivating the said lands on the ground that some disputes had been raised in respect of the said land and an inquiry would be made. There is no provision under which the J.L.R.O. can issue such direction to the parties to refrain from cultivation simply because a dispute between the parties was raised in respect of certain plot of lands within his jurisdiction. It must be noted that the Junior Land Reforms Officer being a Government servant must derive his right under the existing law but arbitrarily he can not issue such instruction to different persons and/or to act as an arbitrator. It is only on that score, that this Rule is made absolute and the impugned notices are quashed. There will be no order as to costs. Rule made absolute.;


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