Sachindra Kumar Bhattacharyya, J. - (1.) These two Rules are directed against two orders passed by Bhagchas Officer, P.S. Mayureswar, Birbbum in Bbag Chas Case Nos. 29 and 30 of 1972 whereby the Bhag Chas Officer virtually issued an order of injunction permitting the bargadar to cultivate the lands till evicted in due course of law. The petitioners who claim to be the owners of these lands moved this Court under Article 227 of the Constitution of India and obtained the instant Rules against the order of the Bhag Chas Officer passed on 30th August, 1973.
(2.) What happened was that the opposite party filed an supplication before the Bhag Chas Officer, inter alia, stating that he has been threatened by the owner's men while going to cultivate the lands and as such sought the protection of the Bhag Chas Officer so that he may not be evicted from the lands. On this petition the Bhag Chas Officer issued a notice on the opposite party and after hearing the opposite party passed the order protecting the possession of the opposite party and directed that opposite party would continue to cultivate the lands as bargadar till evicted in due course of law. The petition filed by the opposite party did not recite the provision of law under which it was filed. Mr. Sadek Hossain, learned Advocate appearing for the opposite party, sought to contend that these applications were filed under section 19B of the West Bengal Land Reforms Act, 1955. Section 19B provides for restoration of lend to bargadai and lays down that if a person owing any land terminates or causes to be terminated the cultivation of that land by the, bargadar in contravention of the provisions of this Act, then any officer specially empowered by the State Government in this behalf, shall, on an application by such bargadar, by order, direct restoration of possession of the land to the applicants under certain circumstances. The section presupposes that the cultivation of the bargader has either been terminated or caused to be terminated by the person owning the land. In Mritunjay Pramanik and others v. Sub-Divisional Officer, Tamluk and others reported in 1963 68 CWN 112 it was held that in order to maintain an action under section 19B (1) of the Land Reforms Act it must have to be proved that there has been an illegal termination of cultivation of the land by a bargadar and unless that was proved no action under section 19B (1) of the Act can be maintained in the instant case. The bargadar did not maintain that the owner terminated or caused to be terminated the cultivation of the land by him and the petitioner merely states that he was threatened while he went to cultivate the land forcibly. Clearly therefore, the provisions of this section was not attracted and the Bhag Chas Officer did not therefore have any authority to deal with such an application. Section 57 of the West Bengal Land Reforms Act provides for the power of an Officer dealing with a proceeding under this Act and empowers him to compel the production of record and documents and to enforce the attendance of witnesses to the case and the Revenue Officers are authorised to record the substance of the evidence.Their orders are to be treated as if these were decrees of a Civil Court but they were not designated as a court. It was held in Haji Mahabur Hossain and others v. Biswanath Handy, reported in (1971) 75 CWN 597 that the Revenue Officer was not designated as a Court and had no jurisdiction to make an order of injunction either under 151 or under Order 39 of the Code of Civil Procedure or otherwise, The order complained against purported to be a mandatory order in the nature of an injunction whereby bargadars were permitted to cultivate the lands, upon an application alleging that they were being threatened. There was no provision in the Act which empowers the Bhag Chas Officer to make such an order and the Bhag Chas Officer did not therefore have any jurisdiction to pass the order in the manner he did in the instant case.
(3.) The orders are accordingly liable to be set aside and the instant applications succeed and the Rules are made absolute. The orders of Bhag Chas Officer are set aside and the proceedings are quashed. There will be no order as to costs.;