D. Datta, J. - (1.) Since these writ petitions involve common questions of fact and law, they have been heard together and would be governed by this common judgment and order. Bikash Roy [petitioner in W. P. 23766 (W) of 2006] claims to be the owner of Plot No. 937, Khatian No. 1853, Mouza Maul, Police Station Shyampur in the district of Howrah while Ashim Mondal and two others [petitioners in W. P. 23765 (W) of 2006] claim to be owners of Plot No. 937, Khatian Nos. 1858, 1851 and 1857 respectively within the same Mouza as aforesaid. It is their claim that their names have been recorded in the records of right and they are paying rent to the Government in respect thereof.
(2.) It is the further claim of the petitioners that originally the plots belonged to one Nalini Prakash Ghoshal and the private respondent, in both these petitions, viz. Shyam Charan Prodhan was the Bargadar.
(3.) It has been brought to the notice of this Court that a proceeding had been initiated before the Block Land and Land Reforms Officer. Shyampur II being Barga Case No. 30/97 under Sec. 17(1)(a)(b)(c) of the West Bengal Land Reforms Act (hereafter the said Act) for termination of Barga cultivation by the private respondent at the instance of the erstwhile owner, i.e. Nalini Prakash Ghoshal. It appears that by an order dated 12 -11 -1999, cultivation of the lands in question by the private respondent as bargadar was terminated under Sec. 17 of the said Act. By the said order, it was also directed that the issue be put up before the B.O.B.S.S. meeting for selection of a new bargadar. An appeal was preferred against such order by the private respondent, which failed. The appellate authority by its order dated 15 -06 -2001 had dismissed the appeal. The order of the appellate authority was called in question by the private respondent before the Land Reforms and Tenancy Tribunal and by Judgment dated 17 -10 -2001, the petition filed by the private respondent was dismissed.;