IN RE : SMT. SABITRI MONDAL AND ORS. Vs. ABC
LAWS(CAL)-1985-7-53
HIGH COURT OF CALCUTTA
Decided on July 29,1985

In Re : Smt. Sabitri Mondal And Ors. Appellant
VERSUS
ABC Respondents

JUDGEMENT

BHAGABATI PROSAD BANERJEE,J. - (1.) - This case discloses a very peculiar state of affairs about the poor knowledge of the Officers who are creatures of the Land Reforms Act. In this case, an Order of vesting was passed by the Revenue Officer on December 14, 1977 and the Hon'ble Mr. Justice C. K. Banerjee of this Court quashed the said Order of vesting in a Writ application by the Order dated August 5, 1982. Thereafter, the order passed by this Court was not complied with and for non-compliance of the order a contempt petition was filed and the Revenue Officer and the Settlement Officer tendered unqualified apology and the contempt proceeding was dropped. Thereafter the Revenue Officer complied with the order passed by C. K. Banerjee, J. in the matter and vested only 0.11 decimals of land instead of 4 acres of land which was previously vested and which was quashed by C. K. Banerjee, J. in the matter. The Revenue Officer passed the order pursuant to the direction and in compliance with the order passed by C. K. Banerjee, J. as mentioned above. Thereafter, peculiarly enough the Junior Land Reforms Officer preferred an appeal against the Order of the Revenue Officer dated May 3, 1983, which was passed by the Revenue Officer in compliance with the order passed by C. K. Banerjee, J. The said J.L.R.O. and the Revenue Officer concerned were both parties in the earlier writ petition which was disposed of by C. K. Banerjee, J. Under the provisions of the Land Reforms Act, J.L.R.O. has no authority and/or jurisdiction to prefer any appeal against the order passed by the Revenue Officer and in this case when the matter was disposed of by the Revenue Officer pursuant to the order passed by this Court on a writ petition the question of preferring an appeal against the order did not and could not arise at all. The said appeal filed by the J.L.R.O. before the Additional District Magistrate (L. R.) was not maintainable and the same is accordingly quashed. Under Chapter IIB of the Land Reforms Act, 1955, the J.L.R.O. has only the power to implement the order passed by the Revenue Officer who has passed this order pursuant to the direction given by this Court. The J.L.R.O. had not been conferred with any power to prefer any appeal and the appeal must have been preferred either because of the total ignorance of the provisions of law or due to certain other reasons which is unknown. In any event, the Appeal is not maintainable and the same is quashed accordingly. The J.L.R.O. is directed to implement the Order passed by the Revenue Officer forthwith and to restore possession of the land pursuant to the order dated May 3, 1983 passed by the Revenue Officer as expeditiously as possible, but not later than a period of fortnight from the date of the communication of this order. Let a plain copy of this order countersigned by Asstt. Registrar (Court) be given to the learned Counsel for the Petitioner.;


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