- (1.) Heard learned Advocates appearing for the parties. Assailing the order dated 30th November, 2007 passed in O.A. No. 3435 of 2005 (LRTT) by learned Tribunal below, this application has been filed.
(2.) Learned Tribunal below did not interfere with the original application moved assailing the order of Appellate Authority under section 54 of the West Bengal Land Reforms Act, 1955 confirming the decision of Revenue Officer who decided easement right in favour of the private respondent, on the ground that a civil suit is pending with reference to subject-matter as initiated by private respondent. It appears from the records that after record of rights was finally published under section 51A of the West Bengal Land Reforms Act, 1955, an application under section 50 of the said Act was filed seeking recording of easement right by private respondent in respect of concerned land and Revenue Officer adjudicated the issue holding local enquiry. It is the basic point of the writ petitioner that under section 50 of the said Act the Revenue Officer had no power of adjudication of easement right as it requires to be done in a declaratory suit by appropriate Civil Court. Section 50(1) of the said Act reads such:- 50. Maintenance of the record-of-rights- (1) [The prescribed authority] shall maintain up-to-date in the prescribed manner the village record-or-rights by incorporating therein the changes on account of- (a) mutation of names as a result of transfer or inheritance; (b) partition, exchange, or consolidation of lands comprised in [plot of land], or establishment of Co-operative Farming Societies; (c) new settlement of lands or [plot of land]; (d) variation of revenue; (e) alteration in the mode of cultivation, for example by a bargadar, and (f) such other caused as necessitate a change in the record-of-rights
(3.) On a bare reading of said section, it appears that Revenue Officer had no jurisdiction to decide/adjudicate any right of any parties touching the title of the property as well as the right including easement right, but Revenue Officer only is vested with power to up-date the record-of-rights under the contingency as prescribed thereof which does not require any adjudication, but a ministerial job of recording something which earlier having been adjudicated, as for example alteration of mode of cultivation by bargadar, settlement of land by the Government under section 49 of the said Act, transfer of property by necessary instrument etc. Hence, jurisdiction of Revenue Officer is limited. By any stretch of imagination it cannot be extended to vest power of adjudication of easement right.;