- (1.) LET the report in the form of an affidavit filed on behalf of the Block Land & Land Reforms Officer, Hingalganj, District - North 24-Parganas, be taken on record.
(2.) AFTER considering the submissions made by the learned advocates for the parties and upon perusing the instant application as well as the report in the form of an affidavit, it appears that the Court's query as to whether the writ petitioner could be treated as a 'Bargadar' in respect of the land as described in the writ petition has been answered in the negative by the concerned Block Land & Land Reforms Officer. According to the report in the form of an affidavit filed by the Block Land & Land Reforms Officer, Hingalganj, District - North 24-Parganas, that the writ petitioner was cultivating land-in question since the death of his father, Bhupati Kayal, as a legal heir of the deceased Bargadar. The right of cultivation of land by a Bargadar is heritable but not transferable as per the provisions of sub-section (2) of section 15 of the West Bengal Land Reforms Act, 1955. It has been further stated in the report that as per the provisions contained in section 15A of the West Bengal Land Reforms Act, 1955, in case of death of the recorded Bargadar, the cultivation of the land may be continued by the lawful heir of the Bargadar or where there are more than one lawful heir, by such lawful heir as may be determined by the other heirs of the deceased Bargadar within the prescribed time. If the lawful heirs of the deceased Bargadar fail to make such determination, the officer or authority appointed under sub-section (1) of section 18 of the West Bengal Land Reforms Act, 1955, may nominate a lawful heir who will cultivate the land personally. In the instant case, it has been specifically stated in the report that the recorded Bargadar, late Bhupati Kayal, died leaving behind six legal heirs including the writ petitioner. As per available official record, till date no written or verbal information has been given to the office of the respondent No.3 by any of the legal heirs of the deceased Bargadar to the effect that they have determined that the writ petitioner shall cultivate the land-in-question. None of the legal heirs of the deceased Bargadar have filed any application before the prescribed authority for such determination. The respondent No.3, being the appropriate authority, is in dark about recording of lawful heir of the deceased Bargadar.
(3.) HAVING regard to the facts and circumstances of the case stated above, it is evident that the provisions of section 15A of the West Bengal Land Reforms Act, 1955, are clearly applicable and in case, the writ petitioner wants to continue cultivation of land, which stands recorded in the name of late Bhupati Kayal as Bargadar, it will be open to him and all other legal heirs of late Bhupati Kayal to approach the concerned respondent authority by filing an appropriate application under the relevant provisions of the West Bengal Land Reforms Act, 1955. However, so far as the undated notice issued to the writ petitioner by the Pradhan of Kalitala Gram Panchayat is concerned, whereby the writ petitioner has been directed to stop cultivation, it is apparent that the said notice has been issued wholly without jurisdiction and is liable to be set aside and is accordingly set aside.;