SAMSUL HAGUE MOLLA & ANR. Vs. STATE OF WEST BENGAL & ORS.
HIGH COURT OF CALCUTTA
SAMSUL HAGUE MOLLA And ANR.
STATE OF WEST BENGAL AND ORS.
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(1.)This rule is directed against a proceeding started by the Junior Land Reforms Officer for the purpose of recording in the revisional record of rights the names of certain respondents, as "Bargadars" in respect of certain plots in the place of the names of the petitioners. The J.L.R.O. has no jurisdiction whatsoever to pass any order recording or changing the entries in the record or rights. Under section 50 of the West Bengal Land Reforms Act 1955, it is only the Revenue Officer especially empowered by the State Government who can correct such record of rights. It has been pointed out by this Court in numerous decisions that without any notification under section 50 of the Land Reforms Act, the J.L.R.O. has got no jurisdiction or authority to start any proceeding for revision of the record for recording the "Barga" "tenancy". It is rather unfortunate that uptil now no action has been taken by the State Government to rectify the defects.
(2.)Under these circumstances, this Rule is made absolute. The impugned order is set aside. There will be no order for costs.
(3.)I make it clear however, that the parties will be at liberty to settle the disputes over the possession of the land in any appropriate form.
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