Bhaskar Bhattacharya, ACJ - (1.) All the aforesaid three matters were heard analogously as facts involved herein are to some extent similar. We, however, propose to dispose of all these three matters by giving separate judgments one after the other. W.P.L.R.T. No. 221 of 2006 Arup Kumar Jana & Ors. Versus The State of West Bengal & Ors.
(2.) This writ-application is at the instance of an applicant before the West Bengal Land Reform and Tenancy Tribunal and is directed against order dated February 6, 2006 passed by the said Tribunal thereby rejecting an application filed by the writ-petitioner being O. A No. 272 of 2006 wherein the writ-petitioner prayed for relief under Sections 4(A), 4(B) and 4(C) of the West Bengal Land Reforms Act, 1955.
(3.) The case made out by the writ-petitioners in this application under Article 226/227 of the Constitution of India may be summed of thus : a) The writ-petitioners are the owners in respect of the lands described in this application. In the year 1967-68, land acquisition cases were initiated and some of the lands belonging to the writ-petitioners acquired but such acquisition was not in conformity with law. The acquiring authority did not follow the guidelines and conditions which were require'd to be followed in acquiring the land in accordance with the Land Acquisition Act. The writ-petitioners are still in possession of their acquired land. b) A negligible amount was paid to the predecessor-in-interest of the writ-petitioners towards compensation against the purported acquisition. In the past, another writ-application was filed being C.O. No. 2039 (W) of 1981 before this Court and ultimately this Court by an order dated March 23, 1981 disposed of such writ- application by setting aside the award passed in the land acquisition proceeding and directing the concerned authority to pass fresh award. c) Three writ-applications are still pending wherein prayers have been made for return of the land, passing of fresh award and solatium, and direction for alternative accommodation and employment to each member of the family. d) Recently men and agents of the respondents had been deployed to fill up the land including the portents of the writ-petitioner. The petitioners had lodged several complaints before the Police Authority praying for stalking those illegal activities and for preventing those persons from converting the nature and character of the land but such illegal activities are going on infringing the right of the petitioner. e) The petitioners are rayat of the lands which would appear from the document issued by the concerned authority. In view of such illegal activities of the respondents, the writ-petitioners moved the West Bengal Land Reforms and Tenancy Tribunal thereby giving rise to file O. A. No. 272 of 2006 but the Tribunal by the order impugned herein had rejected such application. Hence, the present writ- application.;