Amitava Lala, J. - (1.) Under this writ petition the petitioners have asked basically for the reliefs in the nature of cancellation of the withdrawal of grant of transit pass given by the authority and an order not to disturb the peaceful possession of the plot known as 'Bhandari Bagan' of the petitioners and use of usufructs therefrom and other incidental prayers in connection thereto.
(2.) According to the petitioners, popularly known plot of land being 'Bhandari Bagan' comprised an area of 19.93 acres of land and situated at Mouza-Belesola J.L. No. 29 Plot No. Old-26 and New-30, Police Station-Barjora, District-Bankura. The Khatian Nos. are 180/2, 177/1, 219/1, 219/2, 219/3, 242 and 248 and all are krishi jami either partially or fully. From the record of right it appears that such lands are partially recorded as Bagan i.e. garden. Therefore, it can be construed either the lands are fully cultivable land or partially cultivable land and partially garden. Therefore, the purpose of utilisation of the land as refelected in the record of right either fully for agriculture or partially for agriculture and horticulture.
(3.) A dispute arise in between the petitioners and the State in a Civil Court in the District, Bankura being Suit No. 32 of 1996 whether the land in question is jungle/forest or bagan/garden when it was declared by such Civil Court that suit property is a garden and the State was permanently restrained by order of injunction from disturbing the petitioners/plaintiffs therein possession in the suit property. Accordingly, the authority granted transit pass to the petitioners for the purpose of making to and fro therein. It is also pertinent to point out that the concerned Block Land and Land Reforms Officer duly communicated the Forest Range Officer that the plots of land are not vested to the State. However, as the Forest Officer once prohibited from granting transit pass a writ jurisdiction was invoked under W.P. No. 9852(W) of 1997, Bhabani Charan Bhandari & Ors. v. The State of Wesf Bengal & Ors. when authorised Range Officer was directed to consider the matter of granting transit permission in accordance with law within the prescribed time therein and such writ petition was disposed of. The petitioners' representative placed all the necessary papers before the authority concerned including the decree of the Civil Court. In spite of the same, under the order impugned, the concerned Range Officer of the Barzora Range refused to issue transit pass to the petitioners.;