- (1.) This writ petition is directed against the judgment and/or order dated 21st December, 2012 passed by the West Bengal Land Reforms and Tenancy Tribunal, First Bench in O.A. No. 810 of 2005 (LRTT) at the instance of the writ petitioner who was the applicant before the Tribunal. Two questions have cropped up for our consideration. Those are as follows:- 1. whether the Tribunal has any jurisdiction to grant police help under the provision of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997. 2. Whether a cousin (brother) can be declared as Bargadar under his cousin (brother) in respect of a joint property held by the two cousin (brothers) in equal share. Let us now decide the first question as indicated-above.
(2.) Section 6 of the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 deals with jurisdiction, power and authority of Tribunal. The said Section is set out hereunder:- Section 6 -Jurisdiction, power and authority of Tribunal--Subject to the other provisions of this Act, the Tribunal shall, with effect from such date as may be appointed by the State Government by notification in this behalf, exercise jurisdiction, power and authority in relation to-- (a) any order made by an Authority under a specified Act; (b) an application complaining inaction or culpable negligence of an Authority under a specified Act; (c) an appeal against an order of the Mines Tribunal appointed under Section 36 of the West Bengal Estates Acquisition Act, 1953; (d) applications relating to matters under any provision of a specified Act or matters relating to constitutional validity of any Act under the provisions of a specified Act; (e) adjudication of matter, proceedings, cases and appeals which stand transferred from the High Court and other Authorities to the Tribunal in accordance with the provisions of this Act.
(3.) West Bengal Land Reforms Act, 1956 is a specified Act. A dispute concerning the said Act was dealt with by the Tribunal in the present case. There is no provision in the specified Act which authorises the authority under the said Act to grant police help to any person.;