Amiya Kumar Mookerji, J. - (1.) This Rule is directed against a notice dated 23.6.76. issued by the Bhagchas Officer informing the petitioner that the opposite parties has made an application for recording Barga tenancy with respect to certain lands. The petitioner was directed to appear before the said officer on 11.5.76 with relevant documents. It is contended by Mr. Chatterjee appearing on behalf of the petitioner that the Bhagchas officer has got no jurisdiction to record Barga tenancy of a person. Under Section 19B(1) of the West Bengal Land Reforms Act, unless bhag cultivation is terminated by any person, no order could be passed by the Bhagchas Officer for restoration of the land to Bargadar. Reliance was placed by Mr. Chatterjee upon a decision of mine in C.R. 7401(W) of 1974 dated 25.11.75, wherein I held that in order to maintain an action under section 19(B) (1) of the Act, it must have to be proved that there has been an illegal termination of cultivation of the land by a Bargadar. If that fact is not proved, then no action under that section can be maintained. Moreover, Bhagchas officer has got no jurisdiction to issue an order of injunction restraining the petitioner form entering into his land. Accordingly, the notice dated 23.6.76 and the order dated 27.4.76, which are annexures D and B respectively, are set aside. This Rule is made absolute.
(2.) This order will govern the other Rules in C.R. 11166-67(w) of 1976.;