- (1.) This writ petition being WPLRT No.1309 of 2002 is directed against a common order passed by the West Bengal Land Reforms and Tenancy Tribunal on 2nd October, 2002 disposing of three original applications being O.A No.857 of 2001 (LRTT), O.A No.1244 of 2001(LRTT) and O.A No.1032 of 2002(LRTT). Another writ petition being WPLRT No.1323 of 2002 was also filed by another set of petitioners challenging the said order of the Tribunal. Another writ petition being W.P No.1318 of 2002 has also been filed by separate set of writ petitioners challenging the said order of tribunal. The writ petitions being WPLRT No.1323 of 2002 and WPLRT 1309 of 2002 are ready for hearing. The other writ petition being WPLRT 1318 of 2002 is not ready for hearing as an interlocutory application filed in connection therewith being CAN No.2275 of 2014 still remains undisposed of. As such we have taken up for hearing, only two writ petitions being WPLRT No.1323 of 2002 and WPLRT 1309 of 2002.
(2.) Let us now consider the merit of those two writ petitions. Admittedly, American Baptist Foreign Mission was a non-agricultural tenant under the State in respect of various plots of land under Khatian No.20, J.L No.168, Revenue Survey No. 6868, Touzi No.2939 in the District of Midnapore. Finally published record of rights appearing at page 70 of the paper book shows that rent (Khajna) was assessed by the State respondent under West Bengal Non-Agricultural Land Assessment Act, 1936 for a period of 30 years commencing from 1st April, 1945 till 31st March, 1975. The non-agricultural tenant paid such rent to the State at the rate as assessed by the State Government under the said Act. The Additional District Magistrate and the District Land and Land Reforms Officer, Midnapore by his letter dated 22nd August, 1996 informed the petitioner, namely, the transferee from the said non-agricultural tenant that his occupation in the said land in question was unauthorized as he was possessing the said land without taking renewal of the lease from the competent authority and/or without obtaining any permission and/or long term settlement from the Collector. By the said notice, the said transferee was called upon to approach the concerned authority for renewal of the said lease, failing which, steps will be taken against him as per law. Subsequently, a notification was also issued by the Collector, Midnapore on 4th January, 2002 with an identical request. The said notice and the notification as aforesaid were under challenge in the Tribunal application before the West Bengal Land Reforms and Tenancy Tribunal. The Learned Tribunal ultimately disposed of the Tribunal application by directing the District Land and Land Reforms Officer, West Midnapore to conclude the said proceeding as early as possible by giving fresh notice of hearing to the concerned parties and by giving them individual hearing and to decide those proceedings according to their merit and legal position in the light of the observations made in the said judgment for regularization of the settlement. The legality of the said judgment and/or order of the Learned Tribunal is under challenge before us.
(3.) Let us now consider the merit of the writ petition in the facts as stated above. Admittedly, the American Baptist Foreign Mission was a non-agricultural tenant under the State. Rent was realized from such non-agricultural tenant as per rent assessed under 1936 Act. Such non-agricultural tenant transferred its tenancy to different transferees including the writ petitioners herein. They are still in possession of the land in question.;