PRAFULLA KR. SHOME Vs. STATE OF WEST BENGAL AND OTHERS
LAWS(CAL)-2002-3-93
HIGH COURT OF CALCUTTA
Decided on March 13,2002

PRAFULLA KR. SHOME Appellant
VERSUS
State of West Bengal and Others Respondents

JUDGEMENT

- (1.) This writ application is directed against the judgment and order dated 3rd August, 2001 passed by the West Bengal Land Reforms and Tenancy Tribunal in T. A. No. 448 of 2001 (LRTT), which was originally filed in this Court under C.O. No. 12633(W) of 1988.
(2.) Although, no affidavit-in-opposition has been filed in the matter, we are of the view that no useful purpose would be served in keeping the matter pending, since the matter involves a point of law regarding the applicability of the provisions of section 14P of the West Bengal Land Reforms Act, 1955 to a transfer effected between 7th August, 1969 and 15th February, 1971, the date of coming into effect of the West Bengal Land Reforms (Amendment) Act, 1971.
(3.) On behalf of the petitioner it was submitted that the lands in questioi, belonged to one Sint. Ashalata Dutta, who transferred the same to the petitioner by a registered deed of gift on 4th December, 1970. Thereafter, the said land was duly mutated in the name of the petitioner and the rents were also collected from him by the State of West Bengal. It was urged that by virtue of acceptance of such rent, a new tenancy was created in favour of the petitioner, and, as a result, the provisions of section 14P of aforesaid Act would not have any application to the petitioner's land.;


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